


M 



atatsi 




The Roman Court, 



OR 



A Treatise on the Cardinals, Roman Congregations 

and Tribunals, Legates, Apostolic Vicars, 

Protonotaries, and Other Prelates 



OF THE 



Holy Roman Church. 



BY THE 



Reverend Peter A. Baart, S. T. L., 

Author o1 "Orphans and Orphan Asylums," and "Episcopal Claims Disproved. 




MILWAUKEE : 

HOFFMAN BROTHERS CO., 

PRINTERS TO THE HOLY APOSTOLIC BEE. 9^^ 



The Library 
of Congress 



WASHINGTON 



4*. 



Nihil Obstat. 

Carolus O'Reilly, S. T. D., 

Censor Deputatus. 

Imprimatur. 

Joannes S. Foley, 

Episcopus Detroitensis. 

Die 25. 111. Septembris, 1895. 



Copyrighted, 1895, 



P. A. BAART. 
RIGHTS RESERVED. 



'ress of The Statesm; 
marshall, mich. 



PREFACE. 



If a reason must be given for writing- a book on 
the Roman Court and presenting - it to English- 
speaking - people, it can be found in the fact that 
there is no other book printed in English on this 
most important subject. The points which may be 
g-athered from encyclopedias are often vague and 
not unfrequently misleading. To place before the 
public a book, which, it is believed, is quite accurate 
and contemporar} 7 , has not been a light task. On a 
number of points special inquiry had to be made in 
Rome. It will be noticed that the practice in 
America on some of these points, particularly in 
regard to titles, diverges not a little from that 
accepted in Rome. 

The chapters on the Conclave or the College of 
Cardinals during a vacancy in the Apostolic See, on 
the Congregations of the Inquisition, the Index and 
the Propaganda, as well as those on Prelates and 
Legates may be of special interest to Americans. 
Regarding the American legation some information 
is given which heretofore may not have reached the 
general public. If, however, it is not new, the repe- 
tition of it will do no harm. 

Throughout this treatise the word Protonotary is 
spelled without the "h" which is usually inserted. 



4 PREFACE. 

Protonotary is derived from firotos, first, not from 
■protkos. The Latin, Italian, French, Spanish lan- 
gfuagfes retain ftroto in protonotary, just as in proto- 
martyr and similar compound words. Can any gfood 
reason be gfiven for writing" firot/ionotary, except 
that some one else has done it? 

Whatever appears in the following- pages is cheer- 
fully submitted to the judgment and correction of 
proper ecclesiastical authorit}'. 

Peter A. Baart. 

Marshall, Mich., Aug-ust 15, 1895. 




CONTENTS. 



Introductory Chapter. — The Roman Pontiff, Primate of the 
Church. 

Part First. — The Sacred College of Cardinals. 

Page. 

Chapter I. — The Word Cardinal 10 

Chapter II. — Order, Title, Number of Cardinals 14 

Chapter III. — Antiquity of the College of Cardinals 22 

Chapter IV. — Dignity of the Cardinalate 27 

Chapter V. — Mutual Relations of the Pope and the Sacred 

College 32 

Chapter VI. — Creation of Cardinals 42 

Chapter VII. — Cardinals in Relation to their Titles 53 

Chapter VIII. — The College of Cardinals during a Vacancy 

in the Apostolic See; The Conclave 59 

Part Second — The Roman Congregations and Tribunals. 

Chapter I. — The Sacred Consistory and its Auxiliary Con- 
gregations: The Consistorial Congregation, the Con- 
gregation for Choosing Bishops, The Congregation for 

Extraordinary Ecclesiastical Affairs 80 

Chapter II. — The Holy Office or Universal Inquisition 93 

Chapter III. — The Congregation of the Index 113 

Chapter IV. — The Congregation on Studies 140 

Chapter V. — The Congregation of Rites 146 

Chapter VI. — The Congregation on Ceremonies 163 

Chapter VII. — The Congregation for Indulgences and 

Relics 165 



6 



CONTENTS. 



Pag-e. 

Chapter VIII.— The Congregation for the Fabric of St. 

Peter's iyo 

Chapter IX.— The Congregation of the Council; The Subor- 
dinate Congregations fur Visits ad Limina, For Re- 
viewing Provincial Synods, For Ecclesiastical Immu- 
nity, For the Residence of Bishops iy 6 

Chapter X.— The Congregation of Bishops and Regulars; 
and the Congregation on Regular Discipline and on the 
State of Regulars I? 

Chapter XI. —The Congregation for the Propagation of 
Faith 2o8 

Chapter XII.— Certain Rules of the Congregations 228 

Chapter XIII.— The Tribunals of Justice; The Rota, Treas- 



ury Apostolic, Signature of Justi 



ce. 



35 



Chapter XIV.— The Tribunals of Favor; The Signature of 
Favor, The Datary, The Sacred Penitentiary 243 

Chapter XV.— The Tribunals of Expedition; the Roman 
Chancery, The Secretariate of Briefs, The Secretariate 
of State, The Secretariate of Memorials 256 

Chapter XVI.— Advocates, Notaries, Agents in the Roman 

Court • 266 

Part Third— Prelates, Legates, Vicars Apostolic, 
Protonotaries. 

Chapter I.— Prelates of the Roman Court 27l 

Chapter II.— Legates of the Apostolic See 280 

Chapter III.— The Power of Apostolic Legates 297 

Chapter IV.— Vicars Apostolic 3l6 

Chapter V. — Protonotaries Apostolic 3 2 5 



INTRODUCTORY CHAPTER 



The Roman Pontiff, Primate of the Church. 

1. The Pope, the Bishop of Rome, is the visible 
head of the Catholic Church throughout the world. 
He is the vicar of Christ and the successor of St. 
Peter, who died Bishop of Rome and primate of the 
whole Church. This primacy, not only of honor but 
also of jurisdiction, which Christ conferred on St. 
Peter, is essential to the constitution of the Church ; 
and because the Church, according- to the promise of 
Christ, is to last to the end of time, the primacy also 
shall ever remain with the successor of St. Peter in 
the See of Rome. 

2. By virtue of this primacy the Roman Pontiff 
has full and supreme power of jurisdiction over the 
whole Church, not only as the infallible teacher in 
questions of faith and morals, but also as the ruler 
in what pertains to the discipline and government of 
the Church throughout the world. Moreover this 
power is ordinary and immediate over all churches 
and over both pastors and people. Hence in the 



8 THE ROMAN COURT. 

universal Church the Roman Pontiff is the supreme 
teacher, lawgiver and judge. He can therefore 
make laws which bind the whole Church ; he can 
abrogate the general laws even of oecumenical coun- 
cils ; he can convoke, preside at and confirm oecu- 
menical councils ; he can examine and decide all eccle- 
siastical causes and receive appeals from any and 
every ecclesiastical tribunal. To him exclusively 
belong-s the rig-lit of treating- what are called major 
causes. Such are questions regarding- faith, the 
erection of episcopal sees, the division of ecclesiasti- 
cal provinces, the cononization of saints, the trial of 
bishops. 

3. It is evident that the Pope requires assistance 
in performing- the maii3 T and onerous duties of the 
primac\ T . The collection of assistants who par- 
ticipate under the Pope in ruling the universal 
Church is called the Roman Court. Those who as- 
sist the Pope in administering the diocese of Rome 
or in ruling" as a temporal sovereign are also consid- 
ered part of the Roman Court, but only in an ac- 
cessory or secondary way. Of this secondary part 
of the Roman Court we shall not treat, for only in- 
directly does it concern the universal Church. 

4. Considered then in its stricter sense, the Roman 
Court is composed of the Sacred College of Cardi- 
nals, of several cong-reg'ations of these same cardi- 
nals, of some other ecclesiastical tribunals, and 
finally of those legates, vicars, administrators and 
prefects who are called apostolic, that is, sent by the 
Apostolic See and fortified with its authority and 
jurisdiction. 

Through all these councilors, judges and officials 



PRIMATE OF THE CHURCH. 9 

combined, the strong- and yet mild rule of the Su- 
preme Pontiff in spiritual affairs reaches throughout 
the world ; and thus he fulfils the oblig-ation im- 
posed upon him of feeding- and g-uarding- the whole 
flock of Christ. 

5. We shall divide this treatise into three parts. 
In t4ie first we shall treat of the cardinals of the 
Holy Roman Church or the Sacred Collegfe ; in the 
second, of the Roman Congregations and Tribunals, 
and of their authority ; and in the third part we shall 
write of prelates, legates, vicars apostolic and 
certain other ministers or officials of the Apos- 
tolic See. 



PART FIRST. 



The Sacred College of Cardinals. 
CHAPTER I. 

THE WORD CARDINAL. 

6. It is interesting' and profitable to note the use 
of the word CARDINAL in earlier church history; for 
not a few writers formerly endeavored to maintain 
that this title was peculiar to parish priests, that in 
the earlier ages cardinals were only parish priests, 
and that consequently the pre-eminence of the cardi- 
nals of the Holy Roman Church over bishops, arch- 
bishops and even patriarchs was introduced throug-h 
the ambition of the Roman Court. 

7. Marius Lmpus in his work, On Parishes, says 
that in all the more celebrated dictionaries which he 
consulted the word cardinal is derived from cardo 
which means a hinge; but he adds that it was used 
metaphorically by the ancients with the meaning- of 
primary, principal. Thomassin, Muratori and 
others interpret the word to mean, fixed, stable, 



THE WORD CARDINAL. 11 

irremovable. Gothofred in his Notes on the Theodo- 
sian Code, writing- in the year 1625, sa} r s: "To this* 
day we do not know what the word cardinal 
means." 

8. The first use of the word in church writings is 
found in a letter which Gratian in his compilation of 
canon law under the heading - of Can. Sacrosancta, 
d/st. 22, ascribes to Pope Anacletus, who reigned in 
the } T ear 84, in which letter the Pontiff calls the 
Roman Church "the -hing-e," cardo on which other 
churches depend. This letter, however, is rejected 
by the learned as unauthentic. 

In the same way, according - to Labbe, we must re- 
ject the "Second Roman Council under Pope Sylves- 
ter" which is ascribed to the year 324, and from 
which is g-athered the following - explicit mention of 
the cardinals of the Holy Roman Church: "Let not 
a bishop be condemned unless with seventy-two wit- 
nesses; let not a cardinal-priest be deposed unless 
with sixty-four witnesses; let not a cardinal-deacon 
of the city of Rome be condemned unless with twenty- 
seven witnesses." This quotation is found in Cap. 
Praesul. 2. quest. ./. causa 2; but whatever leg"al 
weight, because of being - inserted in canon law, the 
passage itself may have, historians now admit that 
the whole council known as the "Second Roman 
Council under Pope Sylvester" is fictitious; therefore 
as a matter of history it is not certain that the word 
cardinal was used at the time of Pope Sylvester. 
Hence Dr. Smith in his Elements of Ecclesiastical 
Law is in error when, following- Craisson and Fer- 
raris, he quotes horn the apocryphal Second Council 
of Rome to show the early use of the word cardinal. 



12 THE ROMAN COURT. 

( ). Coming" to documents which are authentic, it 
may be said that the word cardinal is found first 
under Pope Damasus I. in the year 366. Volterran, 
a writer of g-reat authority, relates that he himself 
saw a charter by which Zenobius, a Roman senator, 
made a certain donation to the church of Arezzo 
in the time of Pope Damasus I. This charter, 
preserved in the church of Arezzo, has the fol- 
lowing- endorsement: "I, John, cardinal-deacon of 
the Holy Roman Church, on the part of Pope Da- 
masus praise and confirm the grant." In Antrofol. 
i, 22, in Vit. Innoc. IV. fag'. 255. 

Under Pope Gelasius, who beg-an his reigm in the 
year 492, the word cardinal was freely used, and 
evidence of the fact is found in ancient parchments 
now preserved in St. Mary's beyond the Tiber. 
Even before him, Pope St. Leo frequently mentions 
the priests and deacons cardinis nostri, "of our 
church". In fact during the fifth century it may be 
said the word cardinal was in common use. Its 
meaning - , however, was quite different from that 
given it at the present day. 

10. In the sixth century, especially in the writings 
of St. Gregory the Great, to incardinate or make a 
cleric a cardinal, meant the same as to assign him 
at least temporarily to some church in which he was 
to perform the duties of his order and thence also 
derive his support. Whether other than cathedral 
churches were called cardines, hinges, is uncertain ; 
though several passages in the letters of St. Greg"- 
ory tend to show that all churches and even ora- 
tories were called cardines. It is certain, however, 
that the title of cardinal was not confined to any 



THE WORD CARDINAL. 13 

one cleric assigned to a church, but was used indis- 
criminately of all connected with it. Hence it can 
never be proved that parish priests had the peculiar 
title of cardinal in the ancient discipline of the 
Church. 

11. In the Middle Ages, at least from the eighth 
centur\ T , it is certain that the chief clerics of cathe- 
dral churches and especially of the Apostolic See, 
were called cardinals. They constituted the col- 
lege which was first called the presbytery and later 
the chapter, a.nd which, associated with the Bishop 
as head, participated in the government of the 
churches. 

How the transition was made from the general use 
of the word cardinal as we find it in the time of St. 
Gregory, to the restricted use of the Middle Ages, 
extant documents will not help us discover. 

12. Cardinal Petra in his work Ad Const, ij, 
Eug-cn. IV., No. ij, says that Pius V.,by his Con- 
stitution of February 15, 1568, took away from all 
except the cardinals of the Roman Church the privi- 
lege of using the name cardinal. Cohellius, how- 
ever, and Tria object that no such constitution can 
be found. As a matter of fact, also, the canons of 
some churches still retain the name of cardinal. In 
the cathedral of Naples there are fourteen canons 
who are called cardinals, and in Soissons until very 
lately there were eleven cardinal-priests among the 
canons. For a long time, however, the name has 
been the peculiar property of the cardinals of the 
Holy Roman Church. 



CHAPTER II. 

THE ORDER, TITLE, NUMBER OF CARDINALS. 

13. Cardinals are divided into the three orders 
of bishops, priests and deacons. This classification, 
though now well known and fully recognized, was of 
gradual development. First in chronological order 
was the institution of cardinal-priests; then came 
cardinal-deacons and lastly cardinal-bishops. 

There have been also cardinal-subdeacons of the 
Holy Roman Church; but since the time of Alexan- 
der III. we find no mention of them. Thomassin in 
his work, Old a?id New Discipline of the Churchy 
part i, bk. 2, ch. z/6, 6, sa} T s that in the Roman 
Council held in 963 under the Emperor Otho I., a 
cardinal-subdeacon named John was present. Tom- 
agna, Origini de Cardinally vol. /, pg. ijy, and Co- 
hellius tell us that in the year 1057 a certain Fred- 
ericus Lotharingius was decorated with the cardi- 
nalitial dignity under the name of cardinal-subdea- 
con. Likewise under Nicholas II., Hildebrand a 
Soana was made a cardinal-subdeacon. Baronius in 
his annals of the year 1177 relates that the cardinal- 
deacon of the title of St. George and a certain car- 
dinal-subdeacon of the Apostolic See were sent as 
legates by Alexander III. 

14. The order of cardinal-priests seems to have 
originated in this manner : St. Cletus, who was the 
second successor of St. Peter and began his reign in 



ORDER OF CARDINALS. 15 

the year 78, according- to Liber Pontijicalis divided 
the city of Rome into .districts and assigned to each 
its own priest. Pagius says there were twenty- 
five such districts, others mention seven, but Anton- 
elli says the exact number is not known. Pope 
Evaristus later confirmed this division of the city of 
Rome into parishes or titles and the priests who 
were incardinated or entitled in these churches were 
afterwards called cardinal-priests. It is more than 
likely that not until the time of Pope Dionysius, A. D. 
259, was a similar division made of the territory 
outside the city of Rome; for in Caf>. Eccles. /, Causa 
/j, we read the words of Dionysius himself regard- 
ing- the institution of parishes: "We have given 
churches to priests, one to each. We have divided 
parishes and cemeteries among- them, and have or- 
dained that each shall have his right, in such a man- 
ner that one may not infringe on the limits or rights 
of the parish of another, but that each may be con- 
tent with the limits assigned him and thus guard 
the church and the people committed to his charge." 
15. How the word TITLE originated is not clear, for 
there are four opinions concerning it. The first is 
thai <>f them who think that any building" converted 
unto sacred use and devoted to the gatherings of the 
faithful was called a title. But this is unsatisfac- 
tory, for no reason is given why such buildings were 
called titles. The second is that of Baronius, who 
by learned testimony shows that to houses belonging 
to the royal lisc, a banner ornamented with the image 
of the emperor was affixed, and by this banner the 
bouse was entitled or known as the emperor's. In 
the same way, according to him, the buildings con- 



16 THE ROMAN COURT. 

verted to Christian worship had the cross affixed to 
them and were thus entitled to Christ and called 
titles. The third opinion, also proposed by Baron- 
ius, is that which Thomassin favors. According" to 
it, churches were called titles because the priests 
who served them took their title and name from them. 
The fourth opinion is proposed by Tomag'na. He 
deduces the word title from the well-known history 
of the patriarchs and prophets of the Old Testa- 
ment, who called stones and altars erected for the 
worship of God, titles. The heathens also used the 
same appellation for their altars. What then, he 
asks, is more natural than that the Christians should 
continue the use of the word title to signify their 
places of worship. Every church, however, is not 
now called a title, but only those which are assigned 
to the cardinals of the Hoh T Roman Church. 

16. In the time of Pope Dionysius there were 
twenty-five such titles, and under Pope Marcellus 
there were twenty-eight, according- to Cohellius. 
In the year 1410 when John XXII. began to reig-n, 
there were thirty-one cardinal-priests. But the 
Council of Constance in 1414 and that of Basle in 1429 
determined that the number of cardinals should be 
restricted to twenty-four. Pope Paul IV. issued a 
bull prohibiting- a greater number than forty cardi- 
nals, but nevertheless he himself as well as Pius IV. 
in 1559 and Gregory XIII. in 1572 increased the 
number to seventy-six. This is the greatest number 
ever reached, according* to Ferraris, and there is no 
good authorit} 7 for the assertion of Dr. Smith, Ele- 
ments, Vol. /, JVo. 492, that under Pope Pascal II. 
there were ninety cardinals. 



TITLE OF CARDINALS. 



17 



Pope Sixtus V. in 1587 fixed the number at seventy, 
which is the rule at the present time. He also as- 
signed fifty titles to cardinal-priests, abolishing- 
some previously existing and creating- other new 
ones. Finally Clement VIII. in 1602 re-arrang-ed 
the churches of the cardinal-priests and his action 
was confirmed by Paul V. in 1618. Following- are 
the presbyteral titles according- to the present disci- 
pline of the Church: 



s. 


Lorenzo in Lucina. 
Ag-nes fuori le Muri. 
Ag-ostino. 
Anastasia. 


< 


s. 


Marcello. 

Marco. 

Maria deg-li Ang-eli 

Maria della Pace. 


ss. 


Andrea and Greg-orio. 




4 


Maria della Vittoria 


i i 


XII. Apostoli. 


" 


Maria del Popolo. 


s. 


Balbina. 


S. 


Maria in Aracoeli. 


" 


Bartholomeo all' 


S. 


Maria Transpon- 




Isola. 




tina. 


4 I 


Bernardo alle Terme 


" 


Maria in Traste- 




Diocleziane. 




vere. 


ss. 


Bonifacio ed Alessio. 


" 


Maria in Via. 


s. 


Calisto. 


" 


Maria sopra Min- 


" 


Ct-cclia. 




erva. 


" 


Clemente. 


" 


Maria Nuova et S 


" 


Crisag-ono. 




Francesca. 


" 


Croce in Gerusa- 


SS. 


Nereo ed Achilleo. 




lemme. 


S. 


Onofrio. 


«« 


Kuscbio. 


" 


Pancrazio. 


" 


( xiovanni a Porta 


" 


Pietro in Montorio 




Latina. 


*« 


Pietro in Vincoli. 


ss. 


( riovanni e Paolo. 


" 


Prassede. 


s. 


( rirolamo degl] Schi- 


" 


Prisca. 




avoni. 


" 


Prudenziana. 


" 


Lorenzo in Panis- 


ss. 


Quottro Coronati. 




perna. 


'« 


Quirico e Giulitta. 


ss. 


Marcellino et Pietro. 


c 


3. 


Sabina. 



18 THE ROMAN COURT. 

S. Tommaso in Par- 



SS. Silvestro et Martino 
ai Monti. 
S. Silvestro in Capite. 
" Sisto. 

" Stefano al Monte 
Celio. 
Susanna. 



ione. 

SSma. Trinita al Monte 

Pincio. 
SS. Vitale, Gervasio e 

Protasio. 



17. The origin of cardinal-deacons is more obscure 
than that of cardinal-priests. Undoubtedly there 
were in Rome deacons ordained to perform work sim- 
ilar to that of the seven deacons mentioned in the 
Acts of the Apostles. Pope Clement in the year 92 
according to Liber Ponlificalis, appointed seven 
deacons to preside over the seven districts or regions 
into which he divided the city of Rome ; and to their 
care he confided the diaconicc, that is, hospitals or 
houses where widows, orphans and the poor in gen- 
eral were received and supported out of the patri- 
mony of the Church. About the year 240 Pope St. 
Fabian divided the city into fourteen districts and 
assigned two to each deacon. But as the number of 
Christians rapidly increased and donations to the 
Church were larger and more frequent, the seven 
deacons found it impossible to properly attend to the 
consequent work, and the number of deacons was 
therefore increased to fourteen. These were incar- 
dinated or assigned to the fourteen diaconicr and 
later w r ere known as cardinal-deacons of the Hoi} 7 
Roman Church. 

18. To these fourteen deacons Gregory III. in the 
year 731 added four others who were assigned to the 
Basilica of St. John Lateran and were to assist the 
Sovereign Pontiff when celebrating. Hence they 



TITLE OF CARDINALS. 19 

were called Palatine cardinals. In the year 1410 
there were nineteen cardinal-deacons, but Sixtus V. 
reduced the number to fourteen. Following- are the 
diaconice at the present time : 



Maria in Via lata. 

Eustachio. 

Maria ad Mart}-res. 

Maria della Scala. 

Adriano. 

Nicola in Carcere 

Tulliano. 
Ag-ata. 
Maria in Doninica. 



S. Cesario in Palatio. 

*' Maria in Cosmedin. 

" Ang-elo in Piscaria. 

" Georg-io in Velabro, 

" Maria in Portico. 
Maria in Aquiro. 

SS. Cosma e Damiano. 

S. Vito in Macello. 



To these is added the title of St. Lawrence in 
Damaso, intended for the cardinal vice-chancellor, 
whether he be a cardinal-priest or cardinal-deacon. 

19. The admission of cardinal-bishops into the 
College of Cardinals seems to have taken place not 
earlier than the 3'ear 731. Before that time the 
bishops of the dioceses surrounding- Rome may have 
been consulted by the Supreme Pontiff in affairs re- 
garding the universal Church ; but they were not 
considered part of the presbytery or chapter of the 
Roman Church, nor were they called cardinals. 

20. Gregory III., however,/ who reigned from 731 
to 741, devoted special attention to the splendor of 
religious worship. He enriched St. Peter's . with 
numerous works of art, and to his own cathedral, the 
Basilica of St. John Lateran, it is certain he gave 
much care. He increased the number of cardinal- 
deacons by four whom he assigned to St. John Lat- 
eran and on whom he imposed the special duty of 
assisting- the Roman Pontiff when celebrating the 



20 THE ROMAN COURT. 

divine m} T steries. This same Pope Gregory, it seems 
quite probable, appointed seven bishops to officiate 
by turn in the cathedral of St. John Lateran, and 
thus he instituted the order of cardinal-bishops. 

21. A confirmation of this supposition may be 
found in the writing's of the librarian Anastasius. 
Speaking- of Pope Stephen IV., who reig'ned from 
768 to 772, he says: "This Pontiff was a strict ob- 
server of church tradition; hence he renewed the 
former practice of the Church regarding- the various 
honors g-iven the clergy. He ordained that every 
Sunday Mass should be said at the altar of St. Peter 
by the seven hebdomadary cardinal-bishops who serve 
in the church of the Saviour." Since, therefore, 
these seven bishops were assigned to the church 
of the Saviour and were called cardinals, and since 
Pope Stephen IV. onl\- renewed their honors and 
re-appointed their duties, it may rightly be concluded 
that these honors and duties originated with Greg- 
on T III., about forty years before the reigm of Pope 
Stephen. 

22. In the Capitularies of Charlemagne, bk. 5 eh. 
34, we find mention of these bishops when he says: 
"By the advice of Leo and the other bishops of the 
Roman Church;" and in the letter which the Em- 
peror Otho I. sent to Pope John XII. in the year 963 
we find these words: "While we ask your children, 
namely the Roman bishops, the cardinal-priests and 
deacons and the whole people concerning- your ab- 
sence. ' ' Undoubtedly the bishops mentioned in these 
texts are the ones appointed to the Lateran Basilica. 
St. Peter Damien when he was created cardinal in the 
year 1058, addressed them in these words: "The ven- 



NUMBER OF CARDINALS. 21 

erable, holy cardinal-bishops of the Lateran church;" 
and Baronius, ad annum 1057, quoting- from an 
ancient Vatican codex distinctly explains their titles 
and their duties. He says: "There are in the 
Roman church, that is in Rome, five patriarchal 
churches. The first is the Lateran church, which is 
also called the church of Constantine and the basilica 
of the Saviour. This has seven cardinal-bishops, and 
they are called collateral and also hebdomadary 
bishops, because each week by turn they fulfil the 
duties of bishop. The cardinal-bishops are these: 
The bishops of Ostia, Porto, Santa Rufina or Silva 
Candida, Albano, Sabina, Frascati, Palestrina. " 

23. The suburbicar}^ churches or dioceses to which 
the cardinal-bishops of the Holy Roman Church are 
assigned, according" to the designation of Clement 
VIII., are the dioceses of Ostia, to which Velletri 
had been annexed by Eugene III., Porto, to which 
Santa Rufina had been annexed by the Callixtus II., 
Frascati, Sabina, Palestrina, Albano, making six in 
all. The bishops of these dioceses, and they alone, are 
cardinal-bishops of the Holy Roman Church. 
Bishops of other dioceses may be cardinal-priests or 
cardinal-deacons of the Holy Roman Church, but 
the appellation of cardinal-bishop is reserved to the 
incumbents of the above mentioned suburbicary sees. 

According- to the present discipline of the Church, 
there may be in the Sacred College, six cardinal- 
bishops, fifty cardinal-priests, and fourteen car- 
dinal-deacons; but the full number is hardly ever 
reached. 



CHAPTER III. 
The antiquity of the college of cardinals. 

24. Whatever meaning- in early times may have 
been attached to the word cardinal, it is certain that 
for many years past and at the present time by the 
College of Cardinals is meant, a bod} T of clerics 
whose peculiar office is to assist the Roman Pontiff 
in ruling the universal Church, and in case of 
vacancy in the Apostolic See, to assume the g-uidance 
of the Church in necessary affairs until the election 
of a new Pope. Thoug-h the cardinals have other 
prerogatives, still this one of assisting and supplying 
the place of the Roman Pontiff in ruling the whole 
Church seems the principal and essential. These 
duties are performed by the cardinals as a body, not 
as individuals, so that the collegiate or corporate 
form seems of the essence of the cardinalate. 

25. The exclusive right which the cardinals now 
possess of electing the Sovereign Pontiff is not es- 
sential to the cardinalate, for others formerly partic- 
ipated in this election. Nor is it distinctive of the 
College of Cardinals that it participates with the 
Pope in ruling- the diocese of Rome, sede -plena, and 
supplies his place during a vacancy; for this office it 
holds in common with every other cathedral chapter 
in respect to its own bishop and diocese. The es- 
sence then of the cardinalate, is that which has been 
its constant, peculiar and distinctive office or charac- 



ANTIQUITY OF CARDINALS. 23 

teristic; and this is none other than the rig'ht and 
duty of assisting- the Roman Pontiff in ruling- the 
universal Church and in case of vacancy in the Apos- 
tolic See of supplying- his place until the election of 
a new Pope. 

26. The bod} r of clerics now known as the Colleg-e 
of Cardinals dates its orig-in back to the time of the 
establishment of the Apostolic See in Rome. The 
name, privileges, and even the various accessory 
duties of the cardinals, it is true, may have under- 
gone great chang-es in the course of ag-es, but the es- 
sence of the cardinalate is surely of apostolic if not 
of divine institution. This is expressly taug'ht by 
Pope Eugene IV. in his Nineteenth Constitution 
when he says of the cardinalate: "Althougii the 
name of this digmity was not expressed from the be- 
g-inning- of the primitive Church as it now is, still the 
office itself you will find evidently to have been in- 
stituted by Blessed Peter and his successors." He 
goes further, and following- his predecessor Innocent 
III. teaches that the cardinalate is prefig-ured by the 
seventy ancients of Israel who were to assist Moses 
in judg-ing- and ruling the people of God. "Indeed, 
as Innocent III. says, the cardinalate draws its ori- 
gin from the command of God in the Old Testament. 
For he ('Innocent III.; asserts that what is said in 
the seventeenth chapter of Deuteronomy, (viz., that 
lor a doubtful and hard matter of judgment recourse 
should be had to the priests of the levitical race and 
to the judge who should be at that time, and obedi- 
ence should In- given to the judgment of those who 
preside in the place which the Lord shall choose) is 
to be understood of the Roman Pontiff and his breth- 



24 THE ROMAN COURT. 

ren, that is, the cardinals of the Holy Roman Church, 
who also by levitical law perform the sacerdotal 
office." 

27. The doctrine that the cardinalate is of divine 
institution is maintained by so many and such prom- 
inent doctors that Cohellius after quoting- their words 
thus sums up their teaching- : "Therefore from the 
writers cited above and others quoted by them it 
seems satisfactorily proved that the orig-in of the car- 
dinalate can be said to be of divine rigfht from both 
the Old and the New Testament." The celebrated 
Gerson, of the Sarbonne, said to the (ecumenical 
Council of Constance in 1417: "The state of the 
supreme and sacred College of our Lords the Cardi- 
nals was founded in the ecclesiastical hierarchy on 
earth immediately by Christ, and it cannot be de- 
stroyed by any human institution or presumption." 
Likewise Peter de Aliaco in his treatise On Ecclesi- 
astical Power which was presented to the Fathers of 
the same council, beautifully and succinctly lays 
down the common teaching - of that ag-e : "Althougdi 
the names of the papacy and the cardinalate were 
not in use in the Church in the time of Peter and the 
other apostles, still the ecclesiastical powers desig-- 
nated by these names shone forth at that time in the 
apostles, viz., the papal dig-nity in Peter and the au- 
thority of the cardinalate in the other apostles. To 
understand which it should be known that, (as ap- 
pears from the history of the Acts of the Apostles, 
from ecclesiastical histories and from the decrees of 
the Holy Fathers,) before the division of the apostles 
by which they were dispersed into different parts of 
the world, the apostles exercising- the ministry of the 



ANTIQUITY OF CARDINALS. 25 

cardinalate assisted Peter who bore the papal office; 
just as now the cardinals assist the Pope, as his 
principal assessors and councilors and co-operators 
in the g-overnment of the whole Church. But after 
the apostles, having - separated from Peter, obtained 
special dioceses, from that time they exercised the 
episcopal office. From this it can be inferred 
that the apostles were cardinals before they were 
bishops; that they were cardinals of the world be- 
fore they were of the city of Rome. To the senate 
of the apostles succeeds the sacred College of Cardi- 
nals in as much as the apostles assisted Peter before 
they became bishops of particular churches; but to 
the state of the apostles in as much as they were 
bishops, the order of bishops succeeds." 

28. This doctrine was made of obligation in the 
year 1413 on all who received the doctorate or licen- 
tiate in the University of Prague, which was founded 
with the sanction of the Holy See. For in the form- 
ula of faith to-be pronounced b} T the candidate, among- 
other things, he was to profess: "That he thoug-ht 
and believed as the Roman Church wishes us to 
think and believe and not otherwise; of which Roman 
Church the Pope is the head, and the College of 
Cardinals the body; the manifest and true successors 
in ecclesiastical office of the Blessed Peter, prince of 
the apostles, and of the college of the other apostles 
of Christ. 

29. This doctrine, however, while generally re- 
ceived, is nevertheless not of faith, for the words of 
Innocent III. and Eugene IV. are not considered an 
explicit definition of the matter by the Apostolic See. 
Hence, too, the question whether the College of 



26 THE ROMAN COURT. 

Cardinals may sometime be suppressed by the supreme 
power of the Church, may well be left among doubt- 
ful matters. For if the cardinalate is of divine insti- 
tution, as Gerson says, then no power of the Church 
can suppress it or change its essence; but if it is only 
of ecclesiastical or apostolic origin, then, absolutely 
speaking, it may be modified or even suppressed. 
The matter can be settled only by a definition of the 
Church and her practice is not to make definitions 
except for some great and urgent need. As long as 
there is a doubt, things will be left as they are. 
Rightly then may it be said that the cardinalate will 
last as long as will the Church, which is, to the con- 
summation of the world. 



CHAPTER IV. 

THE DIGNITY OF THE CARDINAL ATE. 

30. The dig-nit}' of the cardinalate is, after that of 
the Pope, the highest in the Church. It is greater 
than that of bishops, archbishops, primates or even 
patriarchs. Whether this precedence was obtained 
by cardinals only in the eleventh or twelfth century 
or whether by right and in fact they always held it, 
is a controverted question. 

31. Cardinal Belarmine epitomizes the former 
opinion when in his work Dc Clericis he says: "I 
confess indeed that formerly all bishops were pre- 
ferred before cardinals who were not bishops; yes, 
even the cardinalate was a step to the episcopacy, as 
Onuphrius rightly teaches in his book On Cardinals 
and as is clearly gathered from the seventh chapter 
of the first book of the life of St. Greg-ory. After- 
wards, however, the order w^as changed, and cardi- 
tials began to be preferred to bishops and the episco- 
pacy to be a step towards the cardinalate. For this 
change a twofold reason may be given: One, that 
to the cardinals alone the election of the Supreme 
Pontiff was reserved; for at the time the emperors 
or the clergy and people chose the Pontiffs, it is not 
strange that cardinals were not highly considered; 
but when afterwards they alone began to choose and 
also for the most part to be chosen for the papacy, 
not without cause was the cardinalitial dignity more 



28 THE ROMAN COURT. 

highly considered. The other reason is because the 
cardinals began to be the sole councilors of the 
Supreme Pontiff; for before, the cardinals were 
neither the only nor the chief councilors of the Pon- 
tiff. In the first six or seven centuries the Supreme 
Pontiffs convoked national councils of the bishops of 
Italy to judge the more important affairs of the 
Church; and at these councils the cardinal-priests 
were indeed present, but the bishops held the first 
place. Wherefore there was no reason why at that 
time cardinal-priests should be preferred to bishops, 
since the bishops did not help less, but in fact helped 
the Pontiff more than the cardinals in the govern- 
ment of the universal Church. Later, however, 
when the business of the Roman Church became 
greater, particularly with the accession of the tem- 
poral power under Pepin and Charlemagne, the Sov- 
ereign Pontiff needed the help of his advisers more 
frequently than before. Still he could not convoke 
councils of the bishops as often as was necessary. 
Taught then by utility and urged by necessity, in the 
next six or seven centuries the episcopal councils be- 
gan gradually to be omitted and all affairs to be re- 
ferred to the senate of cardinals. Such a legitimate 
change of the pontifical council from the bishops and 
cardinals to the cardinals alone, being brought about, 
it is not to be wondered at that a change in prece- 
dence also took place." 

32. Baronius maintains the same doctrine and so 
does Thomassin. Natalis Alexander claims that 
only under Innocent IV. in the year 1243 did the car- 
dinals obtain the right of precedence in session over 
bishops. Cohellius and Cardinal Petra, Ferraris 



DIGNITY OF CARDINALS. 29 

and others, all of whom are strenuous advocates of 
the cardinalate, give their adhesion to the theory 
that the precedence of the cardinals of the Holy 
Roman Church over all other dig-nitaries except the 
Pope, was only of gradual development. They allegfe 
among- other reasons that in ancient diplomas of the 
Roman Pontiffs and of s} T nods, bishops who were not 
cardinals are found to have sig-ned before cardinal- 
priests and deacons, and from this fact they conclude 
that the episcopal dignity had precedence over the 
cardinalitial. But to this Pag-ius and Tomag-na re- 
ply that no proof can be deduced from the order of 
signing", for according- to ancient custom, bishops, 
whether cardinals or not, sig-ned according- to the date 
of their consecration; then priests, then deacons. 

33. Similar are the other reasons advanced, but 
none seems to be based on positive historical testi- 
mony and much less on an} r dog-matic teaching of the 
Apostolic See. On the other hand, to prove that 
the cardinalitial dignity always had precedence over 
the episcopal, the constitution which Pope Eugene 
IV. prepared on this very subject gives strong- testi- 
mony. The Archbishop of Canterbury had denied 
precedence to a certain cardinal who was Bishop of 
York- and to determine the matter the Pope issued 
his celebrated constitution Npn Mediocri^ in which 
he says: "You will easily see how sublime is this 
dignity of the cardinalate and how much more ex- 
cellent than others it has up to the present been con- 
sidered iii the Church, it" you diligently examine its 
office and the statutes of the Holy Fathers and the 
custom which has always been observed both in this 
See an<l in general councils. From the beginning 1 of 



30 THE ROMAN COURT. 

the Church just a> to-day they have assisted the 
Supreme Pontiffs in guiding and ruling the whole 
Church. The Supreme Pontiffs call the cardinals, 
because of the greatness of their honor and dignity, 
a part of their own body. From which without any 
doubt it is shown that after the head of the Church, 
who is the Pope, the contiguous members of the 
body, who are his brethren the cardinals, are to be 
honored before the other members and parts of the 
Church. 

"Who also does not see that the dignity of the car- 
dinalate is greater than that of the archiepiscopate, 
because while the latter looks after the private good 
of one country, the former attends to the public good 
of the whole Christian people? The one rules only 
one church: the other with the Apostolic See, gov- 
erns all churches. And while cardinals are judged 
by no one except only the Pope, they on the other 
hand with the Supreme Pontiff judge both patri- 
archs and archbishops and the other grades in the 
Church. Rightly also does their very name agree 
with their office: for, as the door of a house turns on 
its hinge, so on the cardinalate does the Apostolic 
See. the door of the whole Church, rest and find 
support. You should be convinced also b\ T the long- 
continued and universally observed custom, which, 
were other proofs wanting, would have to be held for 
law, because it is so ancient that no memory of its 
beginning exists to the contrary; especially since 
this occurred while not one Sovereign Pontiff only, 
but as many as the Church has had, knew and 
approved of the custom. For in all nations and 
kingdoms the honor of this pre-eminence has been 



DIGNITY OF CARDINALS. 31 

given to the cardinals, which indeed is to be consid- 
ered not so much given to themselves as to Us, whose 
members the} T are. You should be convinced also by 
the custom of the Roman Church, which is the head, 
the rule and the teacher of other churches, accord- 
ing to which the cardinals always and without any 
objection in all acts have been honored above all 
other prelates. The same was done in the ancient 
general councils, especially in the two of Lyons, at 
one of which Innocent IV. presided and at the other 
Gregory X., the acts of which are still extant." 

They who maintain that the cardinalitial dignity 
was always greater than the episcopal, point with 
special emphasis to the passage wherein the Pope 
says that the cardinals as a matter of fact always 
were given this pre-eminence and always were 
entitled to it for the reasons he gives. Likewise they 
note the passage wherein the Pope says that the 
custom of giving the cardinals this pre-eminence is 
so ancient that no memoiw of its beginning- exists. 
They conclude that in view of this positive teaching 
of Pope Eugene IV, it will require proofs much more 
conclusive than any }*et adduced, before we are forced 
to admit that a change was brought about in the 
eleventh or twelfth century and that only then was 
the dignity of the cardinalate made the greatest in 
the Church except only that of the papacy. 

Whichever opinion is adopted as more tenable, no 
one can deny that at the present time the cardinals 
of the Holy Roman Church as a matter of fact have 
the right of precedence over bishops, archbishops, 
primates and patriarchs. They are inferior only to 
the Pope. 



CHAPTER V. 

THE MUTUAL RELATIONS OF THE POPE AND THE 
SACRED COLLEGE. 

35. Because of the antiquity and dignity of the 
Sacred College, and because it is for the Apostolic 
See a senate similar to the chapters of the various 
dioceses throughout the world, false notions may 
possibly be deduced concerning- the mutual relations 
of the Supreme Pontiff and the College of Cardinals. 
That these false notions may be warded off, it may 
be allowed with all deference to examine whether 
the consent of the cardinals is of necessity required 
for the Pope to perform certain acts; and ag-ain 
whether the Pope is bound to ask at least the advice, 
or consult with the cardinals in undertaking- certain 
difficult affairs. 

36. No one will contend that either for the valid- 
it}' or the licitness of his action in affairs of lesser 
moment the Pope needs the consent of the cardinals. 
Neither can it be maintained that in arduous affairs 
their consent is necessary for the validity of his acts. 
For in such a supposition, the Pope would not have 
the full power of g-uiding- and governing- the univer- 
sal Church; since his acts would be null and void 
without the consent of the cardinals. Thus also we 
should have practicall} r not one but two heads of the 
Church; both of which conclusions are against Cath- 
olic faith. Further it is of Catholic faith that the 



PONTIFF AND CARDINALS. 33 

cardinals, just as other faithful, are sheep and sub- 
ject to the supreme shepherd of the Church; when he 
speaks and teaches, the} r like others are bound to 
hear and obey; hence the absurdity of the supposi- 
tion that the supreme pastor depends on the consent 
of the cardinals for the validity of his acts. 

Again if such consent is necessary for the validit}- 
of pontifical acts, it must be because of some law, 
natural, divine or ecclesiastical ; however, no such 
law is in existence and therefore the Pope has full 
and absolute power without any limitation as to cer- 
tain difficult matters or dependence on the consent of 
the Sacred College. Who in fact could determine 
what affairs are to be considered so difficult as to 
require the consent of the cardinals for the validity 
of pontifical acts? The Council of Florence defined 
as of Catholic faith that the Pope has/?/// power to 
feed, guide and govern the universal Church. 
Hence it is not only a gratuitous supposition, but 
also a doctrine opposed to faith to say that the 
Supreme Pontiff needs the consent of the cardinals 
for the validity of his pontifical acts. 

37. Neither does he need such consent even in 
arduous affairs for the lawfulness of his acts. 
Some, it is true, would maintain that as often as the 
Pope uses the fulness of his power, not as he ought, 
but against the good of the Church, his act would 
indeed be valid because of his supreme power which 
can be judged by no one, but nevertheless he would 
grievously sin, and would be held to an account for 
the authority which he abused. Whence they con- 
clude that in certain difficult matters the consent of 
the cardinals is necessary that the Pope may not sin. 



34 THE ROMAN COURT. 

but not for the validity of his acts. But who does 
not see the consequences of such a theory ? If the 
Pope has received from Christ the full and unlimited 
power of feeding-, guiding- and governing the uni- 
versal Church, he must be able to exercise this power 
to its full extent without sin. The contrary suppo- 
sition would be blasphemous. However, in the the- 
orv mentioned above, the Pope could exercise this 
power fully and without restraint only by commit- 
ting sin in acting without the consent of the cardi- 
nals. Hence the theory should be rejected as 
unsound. 

38. Apparent difficulties are presented by various 
enactments of the Sovereign Pontiffs which seem to 
require the consent of the cardinals for the validity 
of certain pontifical acts. One of these regards the 
alienation of church property. Pope Symachus in a 
synod held in the year 499 decreed that, "It is not 
licit for the Pope to alienate the land of the church 
for any necessity;" and Gregory IX. in the year 1234 
more specifically determining the law of Symachus, 
decreed that, "any and every alienation of the patri- 
mony of the Apostolic See shall be null and void 
unless it is done with the advice and assent of our' 
brethren," the cardinals. There are many similar 
decrees; but nevertheless it must be said that the 
pontifical authority is not bound by them in any way, 
nor is the consent of the cardinals thereby made nec- 
essary for the validity of pontifical acts. The reason 
for this, Cardinal Petra thus explains: "Against 
the above mentioned enactments of Symachus and 
Gregory rises the living and convincing reason, that 
they could in no way compel or comprehend the sue- 



PONTIFF AND CAKDINALS. 35 

ceeding Pontiffs; since the Pope is above canon law, 
and since an equal has no authority over an equal, as 
was expressly stated by Innocent III., De Electione: 
'Because he could not create any prejudice in the 
matter for his successors, who would enjoy an equal 
power after him, yes, the very same power, since an 
equal has no authorit\ r over an equal.'" All canon- 
ists admit the same; hence the adage 'The Pope is 
above canon law.' 

39. These decrees, then, can at most be considered 
advice, or counsel founded on experience, which a 
Pope gives other Popes who succeed him. No Pope 
can bind his successor; for by divine right each Sov- 
ereign Pontiff has the plenitude of power which can- 
not be restricted, and against which no custom to the 
contrary can prescribe. Whatever power the cardi- 
nals have is fram man, not from divine right, even 
though we admit the divine institution of the cardin- 
alate. "The power of the cardinals," says Fagnan, 
"flows from the Pope alone." And again: "But 
the power of the lord cardinals is from man, for 
whatever thev have of power, they receive from the 
Pope." 

Herein, then, we see the difference between the 
cathedral chapter and the College of Cardinals. 
The bishop of a diocese in certain things requires 
not only the advice but the consent of his cathedral 
chapter for the validity of his acts. The power of 
the bishop is limited in this respect by canon law. 
For he is not above the law, but subject to it. Both 
the bishop and his chapter must follow the law, for 
on it both depend. The bishop does not give nor can 
he take away from his chapter its power of restrict- 



36 THE ROMAN COURT. 

ing- his acts in certain affairs. But not so the Pope, 
for he both gives and can take away power from the 
College of Cardinals, because he has full power and 
has it alone. 

40. Hence too, notwithstanding- the bull of 
Sixtus V. limiting - the number of cardinals to sev- 
enty, the Pope, if he so desires, may exceed this 
number; and such is the common teaching- according- 
to Cohellius : "It is asked whether the Supreme 
Pontiff, notwithstanding- this constitution of Sixtus 
V., can exceed the number of seventy; and all with- 
out an exception reply affirmatively, saying* that the 
number of cardinals is left to the free will of the 
Pope." In the same way it must be concluded that 
the Sovereign Pontiff can depose any cardinal from 
the cardinalate, and that too without the consent or 
even the advice of the other cardinals. Likewise of 
his own free will he can elevate anyone to the cardi- 
nalate, nor does he need the advice or consent of the 
other cardinals for that purpose. It is true, that in 
the consistory creating- the new cardinal the Pope 
asks the cardinals, "What do you think ?" but this 
is merely a ceremonial form. In fact any inquiries 
concerning- the proposed cardinal are always made 
before the consistory is held, and usually in private. 
Thus as Cardinal Petra says on the constitution of 
Pope Eug-ene IV. : "It should be remarked that the 
consent of the cardinals in this as in other matters 
is asked from a certain indulg-ence of the Supreme 
Pontiff rather than from necessity; since by many 
reasons it is shown that the Supreme Pontiff can 
decorate with the sacred purple of his own power 
without having- asked any suffrag-e." 



PONTIFF AND CARDINALS. 37 

41. Man}' canonists however, and chiefly Cardinal 
Palaeotus in his work, De Sacro Consistorio, have 
adopted a distinction, and teach that the Pope 
depends on the advice and consent of the cardinals if 
he proceeds with his ordinary power, but not so if he 
acts with the plenitude of pontifical jurisdiction. 
Thus they believe they will not offend on the one 
hand agfainst the supreme power of the Vicar of 
Christ, nor on the other will they detract from the 
dig-nit}' of the cardinals, as they fear they mig-ht, 
should they say that their consent or advice is never 
necessary. But it must be confessed that the Pope 
is the judg-e of whether he shall proceed with his 
ordinary or so-called extraordinary power, and also 
whether the exigencies are such as to warrant him, 
according- to these canonists, in proceeding- with his 
extraordinary authority. Thus the theory practi- 
cally and finally resolves itself into this : The Pope 
is oblig-ed to proceed with the consent of the cardi- 
nals whenever he wishes to proceed with it, or in 
other words, the Pope is never oblig-ed to obtain the 
consent of the cardinals. 

42. In so delicate a question it may be well to 
quote the very words of Cardinal Palaeotus when 
lie explains the difference between the ordinary and 
the extraordinary authority of the Supreme Pontiff. 
He says : "While the Pope has supreme and full 
authority in the Church, nevertheless when he wishes 
to reduce it to exterior acts and to certain use, he 
does tliis in a twofold way, viz., using the faculty 
which is called ordinary or using" the faculty which 
i> called extraordinary. Whence his power is said 
by doctors to be twofold, the one absolute, the other 



38 THE ROMAN COURT. 

ordinary, which however refers to the use of the 
power rather than to the proper and natural force of 
it, since intrinsically it is always full, flenissivia. 
Just as God could make laws for the things of nature 
according to which they are to act, but the same God 
nevertheless of his own power can act beyond the 
laws of nature, which act is then called a miracle; 
so in the Church it pertains to the Supreme Pontiff 
to make moral laws and prescribe the law for all 
ecclesiastical persons and the whole Church, but 
nevertheless he himself is not always obliged to keep 
these laws, but may act beyond them. When there- 
fore the Pope wishes to observe those things con- 
tained in the laws, then he is said to use his ordinary 
power; but when he wishes to do something above 
what is laid down in the laws, then he is said to 
exercise the plenitude of his power." 

43. As to whether it is lawful for the Pope to use 
his absolute or extraordinary power according to his 
judgment and as often as he wishes, the same cardi- 
nal says: "There are others, who, on the one hand 
seeing that this plenitude of power is necessary in 
the Church of God, on account of the many accidental 
occurrences for which the general provisions of law 
cannot suffice; and on the other, foreseeing the great 
dangers which could threaten the Christian world, 
if at any time the Supreme Pontiffs should abuse 
this power, have said that recourse is to be had to 
this plenitude of power, like to a sacred anchor, only 
in extreme cases, since even the canons rarely men- 
tion such a power. Whence, as the omnipotent 
God himself, to whose power everything is rightly 



PONTIFF AND CARDINALS. 39 

subject, nevertheless almost always keeps to the 
common order and nature of thing-s, and does not per- 
form miracles except in very necessary circumstan- 
ces; so, they sa}\ ought the Pope to use this pleni- 
tude of power as an extraordinary remedy only for 
the highest gxxxl and necessity of the Church." The 
cardinal then maintains that the Pope in using- his 
ordinary power is obliged in arduous matters to have 
the consent or advice of the cardinals. "For," he 
says, "the use of the ordinary power in the Pope is 
considered nothing - else than to do what the canons, 
decrees and constitutions have declared. Since. 
therefore, by old establishment and common observ- 
ance, the memor} 7 of whose beginning" does not exist, 
it is received that the Pope administers the affairs of 
the Church with the advice of the cardinals, and the 
same has been approved by canon law and the per- 
petual practice of the Supreme Pontiffs, as the mon- 
uments of authors attest; therefore, in order that he 
may be said to act according- to his ordinary power, 
it is necessary that he perform his actions according - 
to constituted laws and usual custom, and that by 
the usual course of the laws he proceed together with 
tlie cardinals." 

All this, however, seems only to say that when the 
Pope follows a certain method, then he is said to use 
what is called his ordinary power; but it seems no 
proof that he is bound to follow a certain method. 
The fact that he does something does not prove that 
he is bound In do it. In view then of the plenitude 
of pontifical power, it may safely be stated that never 
and in no case does the Pope require the consent o\ 



40 THE ROMAN COURT. 

the cardinals for the validity or even the lawfulness 
of his pontifical acts. 

44. But another equally delicate question arises as 
to whether the Pope is bound to ask the advice of 
the cardinals. That seems to be the common opin- 
ion which frees the Pope from any such necessity; 
but adds nevertheless, that it is proper and honor- 
able that the Pope should not act without consulting 
the cardinals in difficult matters. 

Some doctors, however, maintain an opinion con- 
trar} T to the common teaching- even to the extent of 
declaring that the acts of the Pope are null if the 
advice of the cardinals is not asked. But as Cardi- 
nal Palaeotus says: "Let no such false opinion 
enter our mind, for it would weaken the supreme 
power of the Pope, would debilitate his primacy, 
would subject his most eminent authority to human 
laws, and finally would confuse the divine authorit} r 
with merely secular power." 

45. But the kernel of the difficulty seems to be, 
whether for the lawfulness of his acts in arduous 
matters the Pope is obliged to ask the advice of the 
cardinals; or in other words whether he w r ould sin 
if he did not ask their advice. All admit that if 
asking- the advice of the cardinals mig-ht be hurtful 
to the Church, because of the delay thus experienced 
in an urg-ent matter, or because some important bus- 
iness mig-ht thus be divulged, the Pope would not do 
wrong- to omit requesting- such advice. But, it may 
be asked, do they not admit thereby that the Pope 
is the sole judge whether or not he should seek 
advice? How then do they who admit the above, 
and Cardinal Palaeotus especially, maintain that the 



PONTIFF AND CARDINALS. 41 

Pope in order to act lawfully, or without sin. should 
in difficult matters ask counsel of the cardinals? 
The texts of scripture, "Son do nothing- without 
advice," "There shall be safety where there is much 
counsel," and others are adduced by them to show 
that by divine law all, even the Pope, should seek 
counsel. They add that the cardinals are of the 
number of advisers whom the Pope is bound to use; 
and that this is true even though it is not admitted 
that the cardinalate is of divine institution. 

There is great propriety in this assertion, but it 
must be confessed-that the arg-ument itself does not 
seem so conclusive as to force us to say that it is 
unlawful for the Supreme Pontiff to act without con- 
sulting" the cardinals; since he himself may under- 
stand thoroughly certain difficult matters, and since 
if he wishes, he ma} T consult with others than the 
cardinals; thus sufficiently fulfiling- the scriptural 
injunction of seeking- counsel. 

Whatever view we may take of the necessity of 
the Supreme Pontiff seeking- advice, as a matter of 
fact it is well known that the Roman Court is most 
tenacious of traditional customs and that very few 
matters of importance are treated without at least 
some of the cardinals being- consulted. And judg-in^' 
from their character, their learning- and their exper- 
ence in ecclesiastical affairs, it may well be doubted 
if better councilors can be found. 



CHAPTER VI. 

THE CREATION OF CARDINALS. 

46. Por the creation of a cardinal all that is re- 
quired is the will of the Sovereign Pontiff sufficiently 
expressed. Neither a certain form nor an}" special 
ceremony is essential, because the whole substance 
of the cardinalate consists in the power of jurisdic- 
tion, and its consequent prerogatives, which depends 
simply on the will of the superior. The cardinalate 
is not, like the priesthood, a sacrament imprinting- a 
character and requiring- sacramental matter and form 
divinely instituted; and hence the unanimous teach- 
ing- is that the form of promoting- a cardinal depends 
entirely on the will and word of the Supreme Pontiff. 

47. It is true that Pope Eug-ene IV. in his Con- 
stitution, In Eminenti, decreed and declared, "That 
the cardinals announced in secret consistory, although 
they are to be considered as possessed of the begin- 
ning of the cardinalate, can nevertheless claim no rig-ht 
in fact or in name, and are not to be considered car- 
dinals until the insig-nia of the cardinalate have been 
given them, that is, until the giving- or sending the 
red hat, the assigning a title and the placing- of the 
ring- on their finger have all been done; and that the 
cardinals thus announced, even after they have 
received the insig-nia, shall not have an active voice 
in the selection of the Supreme Pontiff, until that 
faculty is expressly given them by the Roman Pon- 



CREATION OF CARDINALS. 43 

tiff, or, to use the ordinary phrase, until their mouth 
has been opened." 

But this constitution of Pope Eugene could not 
bind the succeeding- Pontiffs and as a matter of fact 
his immediate successors by merely promoting in 
consistory conferred all cardinalitial rights even 
before the insignia were given the new cardinals, or 
their mouth was opened. At first this was done 
with special mention of derogating from the consti- 
tution of Pope Eugene IV., but later no mention of it 
was made at all, and a doubt arising as to the rights 
of cardinals thus promoted, Pope St. Pius V. on 
January 26, 1571, decreed as follows: "Since it has 
been doubted whether the cardinals whose mouth has 
not yet been opened, would, if the See became 
vacant, have a vote in the election of the Supreme 
Pontiff; His Holiness decrees that, since the chief fac- 
ultv of the cardinals consists in electing - the Roman 
Pontiff, which surely should not be taken away from 
them because of a defect of insignia or ceremonies, 
for that reason His Holiness decrees that after any- 
one has been created a cardinal of the H0I3 7 Roman 
Church and has accepted the honor and given his 
consent, he shall immediately have a voice and rig"ht 
in electing the Roman Pontiff, even though the 
insignia of the cardinalate have not yet been given 
him, nor his mouth been closed, or if closed, opened 
again." 

48. Since the publication of this decree of St. 
Pius V. it is certain that cardinals obtain all cardi- 
nalitial rights the moment they are appointed in 
secrel consistory, unless the Sovereign Pontiff makes 
special mention of the contrary intention. Thus 



44 THE ROMAN COURT. 

after the death of Clement VIII. and in the election 
of Innocent X. the decree of St. Pius V. was put 
into execution. Hence as Cardinal Luca says in 
Relatione Romance Curies'. "The opening- of the 
mouth, the oath and the conferring- of the insig-nia 
are ceremonies or solemnities which do not affect the 
substance or perfection of the act; since by nomina- 
tion alone they are true and perfect cardinals; and 
therefore, whatever doubt there may have been for- 
merly, they have a vote in the conclave in the elec- 
tion of the Pope, and also -all the other cardinalitial 
jurisdiction and pre-eminence, as modern practice 
teaches." 

49. That the cardinals might have a stronger 
voice in the creation of new cardinals, certain 
agreements were made and sworn to in the conclave 
before the election of a new Pope, by which all 
bound themselves, that, if chosen Pope, they would 
not select any new cardinals without the consent of 
the Sacred College or at least of a majority of its mem- 
bers. This happened before the election of Eugene 
IV., of Pius II., of Sixtus IV. and of other Popes. 
But it must be remarked that such an oath is null 
and void, because it attempts to limit the divinely 
constituted supremacy of the Sovereign Pontiff. 
Hence too the practice has become extinct. 

50. At times the Sovereig-n Pontiff creates some 
cardinal in consistory, but does not mention his name, 
and, as they sa}*, keeps that name in his breast, in 
petto, intending- to publish it in another consistory. 
This practice the Roman Pontiffs usually follow, 
when someone deserves the dig-nity of the cardina- 
late, but reasons of prudence and especially the office 



CARDINALS IN PETTO. 45 

which the person holds suggest that the publication 
should be deferred. Thus, if an apostolic nuncio 
residing at some court, has merited promotion to the 
cardinalat-e, but in the meantime it is very expedient 
that, as a prelate onty, he should continue discharging 
the duties of his office, he may be created a cardinal 
in -petto. The effect of such creation is that when 
the publication is made at a later consistory it has a 
retro-active effect, and goes back to the da}^ of crea- 
tion in -petto, thus giving the person a seat and a 
place before those who were afterwards created and 
published. But the publication of the name of the 
new cardinal in consistory is absolutely necessary 
in order that he may obtain the rights and privileges 
of the dignity. Hence, although the promotion may 
be made known to the person, nevertheless if the 
Pontiff dies without publishing his name in con- 
sistory, such a person will not be admitted into the 
conclave, and the new Pontiff is not obliged to ratify 
the creation and publish the name in consistory. 

51. An act of Pope Pius IX. in creating cardinals 
seems to merit special attention. In a consistory 
held on March 13, 1875, among others he created 
five cardinals whose names he reserved in petto. 
But concerning these five cardinals he decreed: 
"Besides these six aforementioned cardinals, to the 
glory of the omnipotent God We intend to create five 
other cardinals, whom nevertheless because of good 
reasons We keep inpetto, at some time according to 
our judgment intending to publish them; and if, God 
SO disposing, the Holy See should be widowed before 
they are published, they are made known by letters 
attached to our last will, and in the plenitude of our 



46 THE ROMAN COURT. 

apostolic power We wish, determine and decree that 
they shall have a rig-ht, both active and passive in 
the election of our successor." 

In this case, as is evident, Pius IX. plainly receded 
from the customary and solemn form of publishi no- 
cardinals and ordered that the publication should be 
made by his last will. No one will deny that the 
Supreme Pontiff can recede from the solemn form of 
publishing- cardinals and choose either the way of a 
testament or another less solemn form of making 
known his intention of creating- certain cardinals. 
But, as Santi says, there ma}' be a question of the 
advisability of receding from the ordinary and pub- 
lic form of creating and publishing cardinals, and 
especially of making them known through a docu- 
ment attached to a last will. For the creation of 
cardinals is an affair of great moment, since the 
questions which can arise concerning it, may affect 
the very election of the Supreme Pontiff. Facts, 
too, are not wanting to show the practical working 
of a departure from the ordinary form. Pope 
Paul II. created four cardinals who were to become 
known immediatel}' after his death, and he supplied 
every defect from certain knowledge and the pleni- 
tude of his power. These clauses, as is known, have 
a full and wide interpretation and therefore derogate 
from all laws to the contrary which would require 
special mention. Nevertheless these four ecclesias- 
tics, who produced the documents of their promotion, 
were not admitted into the conclave, nor were they 
considered cardinals until several years later when in 
different consistories they were promoted and pub- 
lished. 



CARDINALS IN PETTO. 47 

Likewise Pope Paul III. created a cardinal who 
after the death of the Pontiff showed his brief of 
promotion. But the cardinals did not only not 
receive him as a brother, but indigmantly tore up the 
brief itself. "And thereafter," says Corradus, "up 
to the present time, this methed of creating- cardinals 
went out of use; and indeed it could bring- great dan- 
ger and extreme scandal into the Church of God." 

And trul} T questions might arise in this matter 
which would be difficult to answer. If for instance, 
the authenticity or integrity of the document naming- 
cardinals should be called in question, who would 
be a competent judg-e? Especially in the present 
condition of Rome, with the Holy See deprived of 
civil dominion, who would be a competent judg-e of 
the validity of the Pope's last w r ill ? Doubts thus 
migiit arise against the election of a new Pontiff 
because of the participation of these cardinals named 
in an extraordinary way. Pius IX. himself seems to 
have appreciated these difficulties, for while on March 
13, 1875, by an implicit naming- he had completed the 
promotion of these cardinals, nevertheless on Septem- 
ber 17, of the same year, he called another consistory 
and therein published the names of the five cardinals 
whom he had reserved in -petto. 

52. The form and ceremonies for creating- a car- 
dinal in the usual manner may be thus summarized: 
The Roman Pontiff calls a secret consistory, and the 
other business having been transacted, he addresses 
the cardinals who are present in these or similar 
words: "You have brethren." Then he mentions 
the pames of those whom he has determined to pro- 
mote to the cardinalate and asks: "What do you 



48 THE ROMAN COURT. 

think?" As a sign of assent the cardinals uncover 
and reverently incline their heads. Then the decree 
concerning- the promotion of the new cardinals is 
drawn up and at once published out of consistory. 

If the newly-appointed cardinals are in Rome they 
proceed in their usual dress and without any attend- 
ants, to the apostolic palace, where one of the old 
cardinals presents them to the Holy Father who 
gives them the red cap or biretum. And from that 
time to the public consistory in which they receive 
the insignia, they are not allowed to make or receive 
any public visits, neither may other cardinals call on 
them without the previous permission of the Holy 
Father. 

If a newly-appointed cardinal is absent from 
Rome, one of the attendants of the Sovereign Pontiff 
is at once dispatched to carry him the red biretum, 
in receiving- which the new cardinal must promise on 
oath, under pain of deprivation of the cardinalate, 
that within a year he will proceed to Rome to visit 
the Holy Father. It is customary for a cardinal 
who receives the biretum in this way, to give the one 
who brings it certain favors or offerings to be divided 
among the private chamberlains of the Pope. 

53. A public consistory is then called for the pur- 
pose of giving the insig-nia to the new cardinals. 
All the cardinals being assembled in the apostolic 
palace, the Sovereign Pontiff wearing his precious 
mitre, orders the new cardinals to come forward. 
They, bowing profoundly, are placed with uncovered 
head in the sight of the Pontiff below the last cardi- 
nal-priest. The Pontiff then makes a short address 
on the office and greatness of the cardinalate. Then 



INSIGNIA OF CARDINALS. 49 

the new cardinals approach and kneeling- kiss the 
feet and then the hand and lastly the mouth of the 
Sovereign Pontiff. After this they go to receive 
from the other cardinals the kiss of peace. This 
being- done the Pontiff confers the red hat on them 
and says: "For the praise of Almighty God and 
the ornament of the Holy See receive the red hat, an 
emblem of the singular dignity of the cardinalate, by 
which is signified that even to death and the shed- 
ding of blood inclusively for the exaltation of our 
holy faith, for the peace and quiet of Christian peo- 
ple, for the increase and preservation of the Holy 
Roman Church, you are to show yourself intrepid; 
in the name of the Father and of the Son and of the 
Holy Ghost. Amen." 

In another consistory the Supreme Pontiff closes 
the mouths of the new cardinals, prohibiting- them 
from speaking in consistories and other meetings until 
their mouths are opened again. Then, again in 
another consistory, the Roman Pontiff orders the new 
cardinals to retire while he asks the older cardinals 
whether they think the new cardinals should have 
their mouths opened. And all assenting, the new car- 
dinals are called back and kindly admonished by the 
Holy Father, who then opens their mouths with 
these words : "We open your mouth both in confer- 
ences and in councils and in the election of the Sov- 
ereign Pontiff, and in all acts which both in and 
out of the consistory pertain to cardinals. In 
the name of the Father and of the Son and of the 
Holy Ghost. Amen." Then finally the ring is 
given ami the title assigned to each new cardinal. 

54. Besides the red hat and biretum the cardinals 



50 THE ROMAN COURT. 

wear a solideo or calotte of the same color. This 
privilege was granted them by Pope Paul II. who 
also prohibited all others from using- one of red color. 
Cardinals wear purple. This was the distinctive 
dress of the emperors; but after the time of Boni- 
face VIII. all cardinals were entitled to wear it. 
Cardinals who are chosen from religious orders 
retain in their dress the color of their own order, 
except the red biretum and calotte. Those, how- 
ever, of the Jesuit order dress like secular cardinals. 
The coat of arms of a cardinal should be surmounted 
b} T a cardinal's hat and fifteen tassels, but not by a 
secular crown even though the cardinal is a member 
of a royal or imperial famil} 7 . 

The privileges of cardinals are man}', but chief 
among them is the precedence all of them have over 
bishops, archbishops, primates and patriarchs. 
They also have the exclusive right to the title, 
"Eminence," and are considered equal in rank to 
kings. In fact some kings even have yielded prece- 
dence to cardinals. Everywhere they rank with 
princes of the royal blood. Hence, too, as princes of 
the whole Church they take personal precedence 
over apostolic delegates in church ceremonies and 
social gatherings. Moreover the word of a cardinal 
is to be believed when he asserts that something was 
done in presence of the Hoi}- Father; also when he 
says that some mandate was given him verbally by 
the Pope; also when he asserts that he is a legate, 
for then the ordinary power of a legate is to be 
acknowledged in him even without his showing any 
letters of delegation. 



SELECTION OF CARDINALS. 51 

That the cardinals ma}' have decent support in 
their proper state, they are to have benefices which 
will g-ive them an annual income of at least $4,000; 
if their income is less, they are to receive each month 
S100 additional from the g-eneral treasury. The 
cardinals who attend the consistories and the con- 
gregations participate in a certain sum of money set 
aside for that purpose, which is distributed to each 
by the cardinal-camerleng-o of the Sacred Colleg-e. 
A peculiar privilege, flowing - from their office of 
assisting- the Roman Pontiff in ruling- the universal 
Church, and in case of vacancy in the Apostolic See 
of supplying- his place until the election of a new 
Pope, is that the cardinals may convoke a general 
council in case of schism when two candidates are 
contending- for the papacy. 

55. Because of the office and the eminent dig-nity 
of the cardinalate, it is evident that only those who 
are conspicuous for virtue, learning- and experience 
should be chosen for cardinals. Hence by way of 
direction the Council of Trent decreed that all the 
qualities required by the canons for the episcopal 
dig-nity should be required in the creation of cardinals 
of the Holy Roman Church, even if they are only 
deacons in holy order. Again those who are born 
illegitimate, even if legitimized by a subsequent 
tharriage of their parents, should not be promoted to 
the cardinalate. Also a person who has an uncle or 
a nephew a cardinal, cannot himself be made cardi- 
nal; or to bu more exact, Pope Sixtus V. in order to 
ward oil' all danger of factions or rivalry absolutely 
forbade that two persons related in the first or sec- 



52 THE ROMAN COURT. 

oiid degree of consanguinity should be in the Sacred 
Colleg-e tog-ether, and decreed that the selection of 
the second should be entirely null and void. 

Among- the cardinals there should be at least four 
from the reg-ular and mendicant orders, for Sixtus V. 
says: "Among- these seventy cardinals, besides doc- 
tors celebrated in their knowledg-e of law and the 
decrees, there should be some men who are masters 
in theology, and especiall}^ should they be taken, not 
less than four of them, from the reg-ular and mendi- 
cant orders." 

And finally, according- to the mind of the Council 
of Trent, the cardinals as much as can be, should be 
selected from all the nations of Christianity. There 
is g-ood reason for this desire and counsel; for the 
business transacted b}' the cardinals and particularly 
the election of the Roman Pontiff, pertains to all 
Christian nations. Hence that a balance may be 
preserved among- nations and that their circumstances 
and needs may be better known to the Holy See, it 
is very advisable that every nation should have 
defenders and judg-es in the senate of the Roman 
Pontiff. Following- the wish of the Council of Trent 
the Roman Pontiffs unto our own day, have promoted 
to the dig-nity of the cardinalate select men from 
various regions, but particularly from Catholic 
nations. 



CHAPTER VII. 

CARDINALS IN RELATION TO THEIR TITLES. 

56. The title of a cardinal is the church in the city 
of Rome to which he is appointed. Cardinals of the 
Holy Roman Church who are at the same time ordi- 
naries of dioceses are obliged to reside, not in their 
titular churches in Rome, but in their dioceses, and 
in every respect are subject to the laws reg-ardino- 
the residence of bishops. It is indeed true that such 
cardinals cannot assist the Sovereign Pontiff as their 
office requires; but nevertheless they assist somewhat, 
giving" from a distance what help they can; and it 
has long- been the custom that quite a number, some- 
times reaching nearly half of the seventy cardinals, 
arc selected from among- such bishops as are oblig-ed 
to reside in their own dioceses. 

But the six cardinal-bishops, that is, the bishops 
of the six suburbicary sees are not obliged to reside 
in their own dioceses; for these dioceses being- near 
Rome can easily be ruled from that city. These 
bishops are therefore specially exempt from the law 
<>f residence which requires every bishop to live in his 
own diocese. 

With the exception, then, of the bishops who rule 
dioceses, all the other cardinals are obliged to reside 
at the Roman Court, that is, near the Supreme Pon- 
tiff, that they may give him the assistance their 
office requires. Wherever the Pope is, there is the 



54 THE ROMAN COURT. 

Court. Moreover the cardinals ma}' not leave the 
Court without permission of the Roman Pontiff under 
pain of forfeiting- their privileges; and this applies 
also to those cardinals, who being" ordinaries, wish 
to return home after a visit to Rome ad limina or for 
any other reason. 

57. The appointment of a cardinal to a title or 
church in Rome necessarily g-ives him certain rig-hts 
and jurisdiction in that church, even thoug-h he is a 
bishop of a diocese away from Rome. Jurisdiction 
in his diocese is concurrent with that in his title. 
The six suburbicaiw cardinal-bishops have no titles 
in the city of Rome, but they have churches or dio- 
ceses near Rome, and in them they have full episco- 
pal jurisdiction. The cardinal-deacons, strictly 
speaking-, also have no titles, but have deaconries in 
Rome. But since these deaconries are also churches 
and since their jurisdiction in them is the same as 
that of cardinal-priests in their titles, both cardinal- 
priests and cardinal-deacons may be said to have 
titles or churches in Rome. 

58. Formerly these titles had each of them a sep- 
arate territory with a clergy and people subject or 
belong-ing- to them, and the cardinal-priest or car- 
dinal-deacon consequently had quasi-episcopal juris- 
diction in his title. They could therefore dispense 
their subjects from vows, could validly assist at 
their marriag-es or appoint others for that purpose. 
They were, to use an illustration, parish-priests of 
these churches with quasi-episcopal jurisdiction. 
The cardinals, thoug-h only priests, were also 
entitled to pontifical insigmia in their own churches, 
and, like bishops in their dioceses, could solemnly 



CARDINALS IN THEIR TITLES. 55 

bless the people. In fact these honors so clearh T 
and fully belonged to them that without their per- 
mission no one could pontificate in their titular 
churches. 

59. But a chang-e was made by Pope Innocent XII. 
in the year 1692, and while all the honors were left 
them, the quasi-episcopal jurisdiction of the cardi- 
nals over the clergy and people of their titles was 
taken away and g-iven to the cardinal-vicar who has 
real jurisdiction over the whole city. Thus as Pit- 
onius sa}'s, De Controv. Patron., "By the constitu- 
tion of Innocent XII. not only is their jurisdiction 
over their clergy and parishioners taken away, but 
also they are g-iven only a domestic jurisdiction in 
those things which concern the service of the church 
in reg-ard to discipline and the correction of morals, 
''which jurisdiction is common to all chapters of 
churches or their vicars) in an extra-judicial way. 
But this faculty does not extend to g-rave offenses 
and contentious trials." 

60. In regard to conferring- orders it may be 
remarked that the cardinals who have titles in Rome 
may, if they themselves are priests, confer tonsure 
and minor orders in their titular churches, but only 
on those who are in the service of their church. But 
even thougdi they themselves are bishops, they can- 
not confer major orders in their titles. The cardi- 
nal-vicar of Rome is the only one who has the right 
to confer major orders in Rome, excepting of course 
the Pope whose vicar he is. 

Likewise the suburbicary cardinal-bishops cannot 
ordain in Rome, though to their own diocesans they 
may give tonsure in the chapel of their palace. 



56 THE ROMAN COURT. 

Further, if they themselves or their coadjutor-bishops 
do not ordain in their own sees outside of Rome, then 
they are obliged to send their candidates to be 
ordained only by the cardinal-vicar of Rome. 

61. From a very recent decision it is certain that 
only the titular cardinal has a right to pontificate in 
his title even to the exclusion of the cardinal-vicar of 
Rome. In the year 1877 a doubt arose as to whether 
a new altar erected in the Eudoxian basilica should 
be consecrated by the cardinal titular of that church 
or by the cardinal-vicar of Rome. Pope Pius IX. 
delegated four suburbicary cardinal-bishops to exam- 
ine the case. In the meantime, because the day for 
consecration was at hand, it was agreed that for that 
time the titular cardinal, because he was in posses- 
sion, should perform the consecration. When 
Leo XIII. succeeded to the pontifical throne, he 
instructed the cardinal-dean of the Sacred College 
to have the question settled as soon as possible. 
Various cousultive opinions were asked, and when 
the} r had been prepared, the four cardinal-bishops 
together with the cardinal-prefect of- the Sacred 
Congregation of Rites who had been added to the 
commission, met on January 25, 1879, and having 
discussed the reasons advanced on both sides, unani- 
mously voted that "the rig-ht to consecrate altars in 
churches of a cardinalitial title belongs to the most 
eminent cardinals of those titles and not to the car- 
dinal-vicar of the city . ' ' This decision was confirmed 
on January 30, 1879, by His Holiness, Leo XIII., 
and a decree made to that effect. 

62. Cardinals retain the title assigned to them in 
the public consistory at which they were created, 



CARDINALS IN THEIR TITLES. 5/ 

until by rig-ht of option, with the consent of the Sov- 
ereign Pontiff, they acquire a higher one. The rig-ht 
of option consists in this, that cardinals of a lower 
order have the rig-ht to ascend to a higher order. 
Concerning- which it should be noted, that cardinal- 
deacons after ten )'ears, if they are priests, can 
choose a cardinal-presbyteral title, and then they 
immediate^ take precedence over all cardinal-priests 
who were created cardinals after them. Ag-ain, the 
oldest cardinal-priest present at the Roman Court 
when one of the suburbicary sees becomes vacant, 
has an option on that see, except it be that of Ostia 
or that of Porto which are reserved for the dean and 
subdean of the Sacred College. Hence the cardinal- 
bishops, because they assume the administration of 
the suburbicary churches by option and by the dis- 
position of the law itself, ascribe their promotion to 
the divine merc} T w r hich prolonged the da} T s of their 
cardinalate; and sign themselves thus : "Francis, 
by the divine mercy, Bishop of Frascati, cardinal of 
the Hol} r Roman Church." Other bishops insert in 
their signature, "and lyy the favor of the Apostolic 
See," thus attesting* that they depend not on the 
law itself but immediately on the Holy See for their 
appointment. Lastly, according- to the constitution 
of Clement XII., the oldest cardinal-bishop who is 
present at Court becomes the dean of the Sacred 
College as soon as a vacancy occurs. This seniority 
is reckoned, not physically nor yet from episcopal 
consecration, but it is reckoned from the time of pro- 
motion to one of the suburbicary churches. 

63. The cardinal-dean of the Sacred College has 
a number of Special prerogatives. He becomes the 



58 THE ROMAN COURT. 

Bishop of Ostia, than which dignity, excepting the 
papacy alone, there is no greater in the Church of 
God. As Bishop of Ostia, taking the place of a 
metropolitan, he consecrates the newly elected Pope 
if he is not yet a bishop, and wears the pallium dur- 
ing the consecration. The cardinal-dean is always 
the prefect of the Sacred Congregation of Cere- 
monies and generally also secretary of the Sacred 
Congregation of the Holy Office over which the Pope 
himself presides. 

In the absence of the Pope and during a vacancy 
in the Apostolic See, the cardinal-dean presides over 
the College of Cardinals. Hence Pope Alexan- 
der IV. frequently said that after the papacy there 
is no greater dignity in the Church of God than that 
of the Cardinal-bishop of Ostia, the dean of the 
Sacred College. 



CHAPTER VIII. 

THE COLLEGE OF CARDINALS DURING A VACANCY 
IN THE APOSTOLIC SEE. 

64. The selection of the Sovereign Pontiff is a 
most important event for both the Church and the 
secular world. Our Lord himself selected the first 
Pope, St. Peter; but nowhere in Scripture or tradi- 
tion can an}' law be found by which he determines 
by whom or in what manner the succeeding- Pontiffs 
are to be chosen. Since, however, we must suppose 
the Saviour builded his Church wisely and carefully, 
we must also conclude that he left the necessary 
power of selecting- a Supreme Pontiff with the 
Church, and that to it he also left authority to 
arrang-e the method of selection. 

From this it follows as a necessary consequence 
that to the Supreme Pontiff, the Vicar of Christ, has 
been g-iven the power of determining- the method of 
selecting his successors; for he alone is supreme in 
the Church and without him as head, no decree of 
the Church as the body is of any force. Moreover, 
the constant practice of the Church confirms this 
view, because time and again the Roman Pontiffs 
have enacted laws reg-arding- the selection of their 
successors and these laws have always been observed. 

65. Whether the Pope can choose his own suc- 
cessor is a controverted and diflicull question. For, 
while all the learned unanimously agree that the 



60 THE ROMAN COURT. 

Pope has the power of determining- by whom and in 
what way his successors shall be chosen, neverthe- 
less when they come to the question whether he can 
choose his own successor, they maintain very diver- 
gent opinions. Cardinal Petra thus sums up the 
question: "Descending to this arena the doctors, 
forming- three armies, vehemently fig-ht among- them- 
selves. For some absolutely speaking- teach that 
the Pope can select his own successor. Others abso- 
lutely deny this power to the Sovereign Pontiff. 
And lastly some, holding- the middle course, affirm 
that only in some urg-ent necessity or for the g-reat 
utility of the Church, but not as an ordinar) r matter 
can the Pope select his own successor." 

As a matter of fact some Popes have pointed out 
those whom they deemed best fitted to succeed them, 
but church history has no record of any Supreme 
Pontiff choosing- his own successor, if we except 
Pope Boniface II. in the year 529. This Pope, in 
order to prevent a recurrence of the scandalous con- 
tentions which took place at the time of his election, 
when the Ostrog-oth king- set up an antipope, adopted 
the extraordinar} T measure of issuing- a decree by 
which he appointed the deacon Virg-ilius his suc- 
cessor in the papacy. But the next year in a council 
held in Rome he recalled his decree and declared it 
annulled. 

On the other hand it is of record that Pope Celes- 
tine III. wished to resigm the papacy in favor of 
Cardinal John de St. Paul, but because such an 
action was unknown in the Church, he determined 
not to do it. Pope Paul III. was asked by Cardinal 
Francis Pisana Veneto to choose his own successor, 



ELECTORS OF THE POPE. 61 

but positively declined. And under Pope Paul IV. 
the question whether the Pope can choose his own 
successor was discussed in consistory, and he, with 
the majority of the cardinals, thought the affirma- 
tive opinion should be rejected as false, but no 
decree was issued on the subject. 

66. The method of selecting the Roman Pontiff 
has been different in different ages. In the begin- 
ning of the Church, the election pertained to the 
priests and deacons of the city of Rome. But from 
the time of St. Sylvester when the Christian religion 
began to be publich' professed, the whole Roman 
people had a certain part in his election by bearing- 
testimony to his life and character. Throughout 
the first four centuries, while the Roman Pontiff was 
selected in this wa} 7 , the greatest liberty prevailed. 
But from the fifth to the eleventh century, emperors 
and kings usurped great authority in the matter, so 
much so that at times the election ruled by them was 
clearly injurious and invalid, and was so declared by 
those who had the right of suffrage. 

It is true, that in these centuries, the Roman 
clergy to whom the election pertained, could so elect 
as to make their choice depend on the confirmation of 
some king or emperor; and history teaches that 
owing to the calamitous times and the necessity or 
polic} 7 of satisfying temporal princes such elections 
sometimes were held. 

But all such interference on the part of temporal 
authority was revocable at the will of the Church, 
and if too long continued could end but in her 
destruction or complete subjection. Hence in the 
year 1059 Pope Nicholas II. with great prudence 



62 THE ROM AX COURT. 

prescribed a certain form and method for filling- the 
Roman See, which was published in the Lateran 
Council, and by which the cardinal-bishops were 
declared the electors of the Sovereign Pontiff, while 
to the other cardinals, the clergy and the Roman 
people it was left only to consent to the election 
made by these cardinals. 

67. In the year 1178 in another Lateran Council 
Pope Alexander III. decreed that the election of the 
Sovereign Pontiff should pertain to all the cardinals 
but to them alone; and that he who received two- 
thirds of the votes of all the cardinals participating 
in the election should be the Pope. This decree has 
proved of incalculable good to the Church from that 
time to the present; for by it the turbulence of the 
populace and the violence of temporal rulers, which 
interfered throughout so many ages, were entirely 
eradicated from the election of the Sovereign Pontiff. 

But it required still other precautions to ward off 
the dang-ers which could result from too tardy an 
election and the chance of interference with the lib- 
erty or integrity of the cardinal-electors. Hence in 
the Council of Lyons in 1274 the use of the secret 
conclave was introduced by Pope Gregory X., and it 
was further prescribed that if the cardinals could 
not make a choice within three days, thereafter until 
a Pope was elected they should be allowed but one 
meal a da}'. And if within five more days no choice 
was made, thereafter they should be allowed only 
bread and wine or water until the}^ should finish the 
election. These regulations were somewhat changed 
and additions to the method of election made by suc- 
ceeding Popes, until, under Gregory XV. in 1623 and 



METHOD OF ELECTION. 63 

Clement XII. in 1740 the laws now in use were per- 
fected. 

Finally Pope Pius IX. of blessed memory, to pre- 
clude all chance of controversy, on December 4, 1869, 
a few days before the solemn opening - of the Vatican 
Council, issued a decree, determining- that, "If the 
Holy See becomes vacant during- the holding- of an 
(ecumenical council, the election of the new Pontiif 
does not devolve on the council, but remains wholty 
and exclusively with the cardinals." Moreover the 
council itself becomes adjourned until re-convened 
b} T the new Pontiff. 

68. Thus it will be seen that the rig-ht which the 
cardinals have of electing- the Sovereig-n Pontiff is 
not of divine orig'in, for no trace of it can be found 
in Scripture or tradition; but it is rather of apostolic 
institution, for from apostolic times the Roman 
clerg-y, that is, the priests and deacons of the Roman 
Church, who to-day are called cardinals, have exer- 
cised this right. Whatever part the Roman people 
afterwards had in the election was but secondary, 
and in subjection to the rig-ht of the clerg-y. The 
taking- away this rig-ht to participate from the 
Roman people and the inferior clerg-y and confining- 
the election to the cardinals of the Holy Roman 
Church is of ecclesiastical institution and is founded 
on decrees of the Sovereign Pontiffs. 

(»'). Likewise on the decrees and will of the Sov- 
ereig-n Pontiffs is founded all the jurisdiction which 
the College of Cardinals has during- a vacancy in the 
Apostolic See. In the earlier centuries the College 
of Cardinals, the presbytery of the Roman See, 
succeeded to the jurisdiction of the deceased Pontiff, 



64 THE ROMAN COURT. 

just as other cathedral chapters obtained jurisdic- 
tion by the death of their respective bishops. More- 
over this ordinary jurisdiction of the College of Car- 
dinals extended to the whole Church. But in the 
year 1274 at the Second General Council of Lyons 
Pope Gregfory X. decreed that during- a vacancy in 
the Apostolic See the Colleg-e of Cardinals can 
neither validly nor licitly exercise any pontifical 
jurisdiction or power; the only exception being - some 
imminent dang-er, which, in the unanimous opinion 
of all the cardinals present, demands immediate 
action on their part. 

In this respect the Colleg-e of Cardinals is in a 
worse position than inferior chapters; for unto these 
the episcopal jurisdiction is transferred by the death 
of the bishop; but not so to the Colleg-e of Cardinals. 
In case of a vacancy in the Apostolic See, it acquires 
none of the ordinary powers of the Supreme Pontiff. 
Hence it cannot create new cardinals, nor restore to 
their rigfhts and a vote in conclave any cardinals who 
have been deprived of their office; neither can it 
g-ive the insig-nia to newly created cardinals. It can- 
not create bishops nor confirm those chosen; it cannot 
confer benefices nor execute decrees of favor or justice 
granted by the deceased Pontiff. 

70. However the jurisdiction of the Sacred Con- 
gregations continues during- a vacanc} T in the Apos- 
tolic See, because their faculties are perpetual, and 
do not expire with the death of a Pope. The} T have 
ordinary jurisdiction founded on law and statute, as 
is plainly evident from the constitution of Sixtus V. 
on the subject. But althoug-h the faculties of the 
Congreg-ations of Cardinals do not expire with the 



CARDINALS DURING VACANCY. 65 

death of the Pope, nevertheless during - a vacancy, 
the cardinals being- in conclave, they should be 
allowed to lie unused, particularly in reg-ard to those 
affairs which are transacted with the sig-nature of 
the cardinal-prefect or the seal. The business, how- 
ever, that is usually transacted by the secretary can 
be done also during- a vacancy; and in case there is 
reasonable cause, business requiring- the sig-nature 
of the prefect may also be transacted, and the doc- 
uments be sigfned by him in conclave. 

71. It will be noticed that there is a very great 
difference between the Colleg-e of Cardinals and the 
Sacred Congreg-ations to which the cardinals resid- 
ing- at the Roman Court are assigmed. Each of these 
Congreg-ations is composed of several cardinals and 
other learned clerics, but the Colleg-e of Cardinals 
is made up of all the cardinals of the Holy Roman 
Church and of them alone. The Colleg-e of Cardi- 
nals is a corporation, and as such has various officers. 
It is presided over by the dean of the Sacred Col- 
leg-e, who is the senior cardinal-bishop, and whose 
suburbicary see is that of Ostia and Velletri. 

The cardinal-camerlengfo of the Sacred Colleg-e 
administers its revenues and each year distributes to 
the cardinals the portion assigned them. He is 
assisted by several subordinate officials; and during- 
a vacancy in the Apostolic See continues discharging- 
all the duties of his office. While he is in conclave, 
he does not personally attend to external business, 
but only through his ministers and officials. His 
appointment does not expire with the death of the 
Pope, and if he should die during- the vacancy the 
cardinals may nil the office temporarily. 



66 THE ROMAN COURT. 

The secretary of the Sacred College is an Italian 
cleric elected to the position by the votes of the car- 
dinals. His duty is to care for the books and docu- 
ments pertaining to the Sacred College. Pope 
Urban VIII. decreed that he should be also secretary 
of the Sacred Congregation of the Consistory. He 
has a substitute who is also chosen by the cardinals. 
The term of office of the substitute is one year, and 
he is chosen b} T turn from the German, French, 
Spanish and English nations. Hence he is called 
the "national cleric." 

It should be mentioned, that, although the cardi- 
nal-dean presides over the Sacred College, still, 
except in a vacancy of the Apostolic See, he may not 
call a meeting of the College without previous per- 
mission of the Sovereign Pontiff. 

72. A vacancy occurs in the Apostolic See when 
the Sovereign Pontiff resigns or dies. The Roman 
Ceremonial prescribes that as soon as the Pope is 
dead, all the officials are to leave the palace except 
the cardinal-camerlengo, whose office does not expire 
with the death of the Pope. The secretaries, immed- 
iately after the camerlengo has declared the Pope to 
be dead, bring the ring of the fisherman and the seal 
of the deceased Pontiff to this cardinal who breaks 
them with a hammer. The dean of the Sacred Col- 
lege, the senior cardinal-priest and the senior cardi- 
nal-deacon together with the camerlengo then assume 
the administration of the affairs of the Apostolic 
See. Notice is sent immediately by the secretary of 
the Sacred College to all the absent cardinals inform- 
ing them of the death of the Sovereign Pontiff; but 
they are not summoned or convoked by the secretary 



BEGINNING OF CONCLAVE. 67 

or any one else to attend the election of his successor. 
The law itself is their g-uide. 

The cardinals who are at Court when the Sover- 
eign Pontiff dies, await the arrival of the absent car- 
dinals for the space of ten days and no longer. But 
if before the expiration of the ten days they should 
hold an election, or if they should wait longer than 
ten days, the election nevertheless would be valid. 
During these ten days funeral services are held daily 
in St. Peter's for the deceased Pontiff; after which 
the body of the Pope is deposited in its provisional 
tomb. If the Pope should die away from Rome or 
its vicinity, the conclave is to be held in the place of 
his death. But to avoid this difficulty, before leav- 
ing- Rome on any journey, the Pontiffs usually decree 
that in case they should die away from Rome, the 
conclave is nevertheless to be held in Rome. 

73. The funeral services of the deceased Pope 
having- been completed, and the ten days, including- 
the day of the Pope's death, having- expired, on the 
morning- of the eleventh day the cardinals g-ather in 
the basilica of St. Peter and the cardinal-dean there 
celebrates the Mass of the Holy Ghost. After this 
is finished, while the Veni Creator is being- sung- 
they proceed to the conclave in the Vatican palace. 
Here when they reach the chapel of the conclave the 
dean of the Sacred Colleg-e recites the prayer, '"Dcus 
qui Corda." Then the pontifical constitutions con- 
cerning- the election of the Sovereign Pontiff are read 
and the cardinals promise under oath to observe 
them. Once having- entered the conclave they can- 
not leave until after the election of the new Pope. 
If any cardinal should leave the conclave because of 



68 THE ROMAN COURT. 

sickness or other cause, he cannot return again even 
if he recovers, nor can he have a voice in the election. 

When Dr. Smith in his Elements, No. jjo, says 
the contrary and claims that Craisson is in error, he 
seems to overlook the consequences of his assertion. 
What would be the use of a conclave if any cardinal 
could go out and in according* as he felt the state of 
his health? The whole intention of the conclave 
would be nullified, and through such a claim of sick- 
ness a constant communication with the exterior 
world might be kept up. Craisson, Bouix and the 
Roman Ceremonial are right and Dr. Smith must be 
considered in error on this point even if he quotes 
the learned Philips. 

During the first day, according to Cardinal de 
Luca, there is free access granted to the representa- 
tives of princes, to magnates and prelates, and in 
fact to nobles, priests and people generally. All 
who wish may visit the cardinals in their apartments 
and offer good wishes and testimonies of respect. 
But when evening comes all but the conclavists are 
rigorously excluded. The cardinals remain in their 
cells which without any acceptation of persons have 
been assigned by lot; and the cardinals who may 
have been detained then also enter the conclave and 
proceed to their apartments. Over the entrance to 
the cell of each cardinal is placed his coat of arms, 
covered with green serge, or with purple if he has 
been created by the deceased Pontiff. 

74. The windows of that part of the Vatican pal- 
ace or other place which is set apart for the conclave 
are walled up and all doors leading to the conclave 
are likewise closed, except one which is doubly locked 



THE CONLAVE. 69 

and only opened to permit a sick cardinal to leave, 
or a late-arriving- one to enter. A cardinal just 
arriving- may enter the conclave up to the time of 
the election. The key of the inside lock on this door 
is kept by the cardinal-camerlengo; that of the out- 
side lock by the governor of the conclave who is a 
prelate chosen for the position by the cardinals before 
they enter the conclave. Food and whatever else 
may be nesessar}- is introduced through a turning- 
box which is also doubly locked, the key to the in- 
side lock being - kept by the master of ceremonies and 
that of the outside by the prelate appointed for that 
purpose. 

That a strict watch may be kept over the food and 
that no letter or messag-e of any kind may be trans- 
mitted to or from the cardinals or any of the con- 
clavists, guards stationed on the outside of the con- 
clave are appointed to watch the entrance and the 
turning-box, and to examine thoroughly everything 
that is sent to or from the conclave. These guards 
are prelates of various grades and are changed twice 
a day, morning and evening. An exact order is fol- 
lowed in the assig-nment, so that of the prelates 
present in Rome at the time of the conclave, the pa- 
triarchs serve first, then archbishops, bishops ajjd 
other prelates according to the order of their promo- 
tion. Under pain of perjury and suspension they are 
to use the greatest diligence in examining the food 
and other things, as well as the persons who enter 
or leave the conclave, that no letters, or other signs 
may be transmitted either way. If any of the ser- 
vants or other conclavists are found delinquent in 
this respect, they are subject to most severe punish- 



70 THE ROMAN COURT. 

ment and no cardinal is allowed to intercede in their 
favor. On the inside of the conclave, the cardinal- 
dean and the camerlengo make a tour of inspection 
every evening- to see that all is in proper condition. 

75. Inside the conclave and subject to its restric- 
tions, each cardinal is allowed to bring- two servants, 
who cannot be merchants, ministers of princes or 
temporal lords, nor brothers or nephews of cardinals, 
but who must be real servants of the cardinals them- 
selves and in their employ for at least one year 
previous to the conclave. If aged or infirm cardi- 
nals need a third servant, the concession may be 
granted by the College of Cardinals. Besides these 
personal servants, there are several other officials 
and attendants who serve the cardinals in common. 
They are, one sacristan and his assistant, two mas- 
ters of ceremonies who assist the cardinal celebra- 
ting-, one religious to hear confessions, one secretar3 r 
of the Sacred College with one servant only, two 
physicians, one surgeon with two assistants, two 
barbers with two assistants, one carpenter, one 
mason and eight or ten servants for general work. 
All these are elected by ballot by the College of 
Cardinals and paid from the public treasury; but 
nojie of them can be chosen from the household of any 
cardinal, 

76. The da} T after entering into conclave the car- 
dinal-dean says a low Mass of the Holy Ghost, at 
which all the cardinals receive Communion. Then 
a scrutinium or vote is taken for the new Sovereign 
Pontiff. During the balloting ever} T one is excluded 
from the chapel. A cardinal who may not have 
received deacon's orders is not admi-tted to the con- 



VOTING IN CONCLAVE. 71 

clave; but all the cardinals in conclave, and they 
alone, have a vote. No one can vote by prox}^. No 
cardinal, even though excommunicated or without 
the insignia, can be deprived of a vote. This regu- 
lation was made to preclude all dissensions. 

If in the course of the election a considerable num- 
ber of cardinals should withdraw from the conclave 
refusing to participate in the election, the right of 
choosing the Pontiff would remain with the cardinals 
in conclave, even though but two, yea, even though 
but one were left. Likewise if all the cardinals but 
one should die, he would have the right of electing the 
Pontiff; but he could not choose himself. If all the 
cardinals should die before the election of a Sover- 
eign Pontiff, it is disputed who would have the right 
to elect. Some say an oecumenical council should 
elect, but the more common and safe opinion is that 
the election would still pertain to the Roman clerg-y, 
that is, to the canons of the Lateran basilica, the 
cathedral of the Pope. 

Any man, even a layman and a married person 
may validly be elected Sovereign Pontiff, and as soon 
as he is elected and consents, he has full jurisdiction 
as the supreme pastor of the Church and Vicar of 
Christ. For some centuries, however, none but 
cardinals have been elected to the papacy. 

77. The election of the Sovereign Pontiff may be 
accomplished in three ways; by quasi-inspiration, by 
compromise or by vote which in Latin is called 
scrutinium. That an election by quasi-inspiration 
may be valid it is required that, after the conclave 
has begun, every cardinal unanimously and at 
once should agree on the same person, without 



72 THE ROMAN COURT. 

there having- been any previous deliberation on the 
subject. An election 03- compromise occurs when 
the cardinals commit the rig-ht of choosing- the Pope 
to a few specified persons. As soon as these persons 
make a choice, the one chosen is validly elected Pope. 
This method of election is rare and that by quasi- 
inspiration is still rarer. The usual method is by 
the scrutinium or ballot, which is conducted with 
great solemnity. 

Before the voting- begins three cardinals are chosen 
by lot to act as tellers. A larg-e vase, made in the 
shape of a chalice, is placed on the altar of the chapel 
wherein the cardinals are assembled, and near it is 
the form of oath which each cardinal takes before 
depositing- his ballot. The oath is: "I call upon God 
who will be my judge to witness that I choose the 
person whom before God I judge ought to be elected, 
and that I will do the same in the accession." The 
ballot is prepared thus: Each cardinal writes the 
name of his candidate on a specially arranged ballot 
or ticket using" the words: "I choose for Supreme 

Pontiff the Most Reverend ." He then affixes 

his own name in a specified part of the ballot. This 
ticket is then folded so that the name of the candi- 
date may be read at the first unfolding-, but not the 
name of the cardinal who cast the ballot until it is 
opened out in full. After the ballot has been sealed 
by the voter with his own seal, it is deposited by him 
in the vase on the altar. The three tellers mean- 
while stand by the altar and superintend the voting-. 
When all the cardinals have voted, the tellers at 
once beg-in to announce the votes in this manner: 
The first teller takes one of the ballots out of the 



VOTING IN CONCLAVE. 73 

vase and, partly unfolding- it, simply looks at or 
ascertains the name of the candidate voted for; he 
then hands the ballot to the next teller who having- 
looked at the name, passes it to the third and he 
audibly announces the name to the cardinals. 

78. When all the ballots have been counted by the 
tellers and it is found that no candidate has received 
two-thirds of all the votes cast, then what is called 
the accession may beg-in. The accession consists in 
this, that the cardinals by balloting- as before may, 
if they wish, g-o over to one of the candidates who 
has received at least one vote in the previous ballot- 
ing-. All are oblig-ed to vote, though they are free 
to g-o over to some candidate or to stand by their 
previous choice. A cardinal who wishes to chang-e 
his vote writes on his second ballot : "I g-o over to 

;" but one who wishes to stand by his previous 

choice writes, "I g-o over to no one." After 
all have voted in the accession the tellers first 
sort the ballots in such a way that they place 
each ballot of the accession alongf-side the ballot 
of the previous vote which has the same marks 
and seal. When a ballot in the accession shows the 
same marks and seal as a ballot in the previous vote, 
and the candidate voted for is also the same, then 
the ballot in the accession is not counted; for a car- 
dinal might thus vote twice for the same candidate. 
But if the marks and the seal on the ballot of the 
scrutinium and of the accession are the same, and a 
different name is found on the ballot of the accession, 
then this ballot is considered valid and the vote is 
ridded to the number cast in the previous balloting-. 

When all the ballots have been compared and the 



74 THE ROMAN COURT. 

valid votes of the accession allowed, then the tellers 
count all the votes of the original ballot tog-ether 
with the added votes of the accession, and if no can- 
didate has received two-thirds of all the votes cast, 
that is, those of the scrutinium and the accession, 
then there is no election. If some one of the cardi- 
nals has received just the two-thirds of all the votes, 
then his ballot is entirely unfolded so that also the 
name of the voter as well as that of the one voted 
for is apparent. If it is discovered that he has voted 
for himself, that one vote is invalid and therefore he 
lacks just one of an election. It is then declared 
that as yet there is no election. All the ballots are 
burned forthwith, and the cardinals return to their 
cells, where they remain until the next balloting 
which takes place about two o'clock in the afternoon 
of the same day. 

79. During the balloting it may happen that a 
certain candidate, who is objectionable to one of the 
great Catholic powers, receives such a large number 
of votes as to appear likely to be elected. Those 
cardinals, therefore, who are charged with protect- 
ing the interests of temporal princes anticipate the 
accession which might give the requisite number of 
votes, and if the election seems tending against the 
wishes of their country or its sovereign, rise to 
exclude such an objectionable candidate. Any such 
objection or pacific removal, as it is styled, must be 
made before the election is complete, that is, before 
the votes have been cast. The governments of 
Austria, Spain and France claim the privilege of 
each excluding one candidate who is objectionable. 
Whence this privilege originated or at what time is 



OBJECTIONS TO CANDIDATES. /3 

unknown; but a diligent examination fails to reveal 
an} T trace of it in canon law or in any concordat 
granted by the Holy See. Many writers claim that 
it is wholly a usurpation. 

An instance, however, occurred in the conclave in 
which Innocent XIII. was elected in the year 1721; 
for when the name of Cardinal Paolucci was pro- 
nounced by those who were announcing- the votes, 
and it was noticed that he received a great number 
of votes, Cardinal Althan, minister of the Emperor 
Charles VI., rose up and in his master's name pro- 
nounced exclusion against Paolucci. Meanwhile 
the tellers continued to announce the ballots and 
three votes were wanting- to make the required two- 
thirds in favor of Paolucci. 

Regarding- which incident Ottieri says: "Most 
assuredly, had the cardinal received the required 
number of votes, he would have been proclaimed, 
for the exclusions pronounced by the courts of Aus- 
tria, France and Spain, are admitted, not as a defin- 
itive compact, but by way of prudent consideration, 
in order to avoid a schism in the Church in case the 
princes should refuse to acknowledg-e a Pope whose 
election has been displeasing- to them." 

80. Some writers assert that the privileg-e of 
exclusion enjoyed in the conclaves by the three courts 
of Vienna, Paris and Madrid, took its rise in the 
Council of the Lateran held b} r Pope Nicholas II., in 
1059. But the question debated in this council was 
the coronation of the Sovereign Pontiffs, for which 
the emperor's consent may have been necessary at 
this time, and not their election. The Popes at this 
time had temporal power and needed a protector. 



76 THE ROMAN COURT. 

The right of exclusion which we have just seen exer- 
cised in the name of Austria against Cardinal 
Paolocci, dated no further back than one century. 
It sprung, as Ottieri perfectly expressed it, from a 
kind of provident connivance, from a prudent defer- 
ence which would not have the Sovereign Pontiff 
personally disagreeable to the great Catholic powers, 
for the Pope is pastor and father of them all. There 
have been nearly thirty schisms, all occasioned and 
fomented by the spirit of distrust existing between 
the Pontiffs and the secular rulers. It is proper 
then to have some regard for the repugnances of cer- 
tain courts; otherwise the peace of the Church is 
imperiled and the Pontiff is deprived of the respect 
and friendship of the most powerful princes. Such 
were the reasons advanced in the year 1644 by the 
learned Cardinal de Lugo, in favor of maintaining 
the exclusions. The conclave of 1721 respected these 
considerations, and as Darras says, expressed to 
Paolucci its deep and sincere regret and elected Car- 
dinal Conti who took the name of Innocent III. 

A later instance of pacific removal took place dur- 
ing the conclave of 1831 which elected Cardinal 
Capellari, known as Gregory XVI. Spain filed a 
formal protest or exclusion against Cardinal Guis- 
tiniani, who had been nuncio at Madrid, and while 
there had, it seems, opposed the plans of the prime 
minister in certain complicated ecclesiastical affairs. 
His conduct at the time was satisfactory to Ferdi- 
nand VII. of Spain and to the Holy See; but this did 
not prevent the Spanish court from instructing its 
ambassador to protest against his election to the 
papacy. Hence on January 6, 1831, the twenty- 



OBJECTIONS TO CANDIDATES. / / 

second day of the conclave, Cardinal Marco-y-Cata- 
lan, a Spaniard, received the following- formal note 
from Labrador, the Spanish ambassador to the Holy 
See, bearing- date December 24, 1830: 

"The undersig'ned Ambassador Extraordinar} T of 
his Catholic Majesty to the Holy See, presents his 
disting-uished reverence to his Eminence and prays 
him to make known to the Sacred Colleg-e united in 
conclave that he, in the name of his august sover- 
eign, and b}^ the express orders of his Catholic 
Majesty, gives the exclusion to the Most Eminent 
Cardinal Giustiniani. 

Pedro Gomez Labrador." 

In the scrutinium of the following- morning - Car- 
dinal Marco, seeing- that there were twenty-one 
votes recorded for Cardinal Giustiniani, sixteen of 
scrutinium and five of accession, and that four more 
of accession would suffice for his election, hastened 
to communicate the exclusion to Cardinal Pacca, 
dean of the Sacred Colleg-e. The cardinal-dean, 
having- first informed Cardinal Giustiniani thereof, 
before the midday scrutinium read out the note of 
exclusion to the assembled cardinals. The conclave 
lasted twenty-six days after the exclusion of Cardi- 
nal Giustiniani, until on February 2, after fifty 
days of conclave Greg-or}' XVI. received the requisite 
number of votes. 

Whether the changed conditions of the papacy, 
now that it no longer has temporal power, will 
relieve it of any claim on the part of these powers 
to interfere in the conclave by way of pacific exclu- 
sion, is a question to be determined by the conclave 
itself. Since there is no law or agreement on which 



78 THE ROMAN COURT. 

the claim of these three courts is founded, the Col- 
lege of Cardinals need not respect any such pre- 
tended privilege. If, on the other hand, as a matter 
of prudence or good policy it wishes to accept the 
objection of these powers against a candidate, there 
is nothing- to prohibit the cardinal-electors from 
dropping that candidate and voting for some one 
else who is generally unobjectionable. 

81. If no choice is made at the morning session, 
another is held in the afternoon, and thereafter twice 
a day until a Sovereign Pontiff has been canonically 
elected. Meanwhile in all the churches of Rome, 
and throughout the world, special prayers are 
offered that a proper choice may be made. As soon 
as the tellers find that some candidate has received 
two-thirds of the votes, his name is declared. The 
junior cardinal-deacon then rings a bell, and the 
master of ceremonies and the secretary of the Sacred 
College enter the chapel. If, as is now usually the 
case, the newly-elected Pope is one of the cardinals, 
the cardinal-dean with two others, advances before 
the elected cardinal and asks him if he accepts the 
papacy. When he consents, all the baldichinos over 
the seats of the cardinals are taken down, except 
that of the new Pontiff, and the cardinals on either 
side of him leave their places. The cardinal-dean 
then asks the Pontiff what name he intends to take, 
and of his choice and the other events the secretary 
makes proper record. Two cardinal-deacons then 
conduct the Pontiff behind the high altar where he 
puts on the pontifical vestments. He is then placed 
before the high altar, where seated in the chair of 
state he receives the salutation of all the cardinals. 



THE NEW PONTIFF. /9 

They each kiss his foot, his hand and his mouth. 
The cardinal-camerleng-o places on his finger the 
ring- of the fisherman, which the Pontiff then g-ives 
to the master of'cermonies to have his name eng-raved 
on it. Then the first cardinal-deacon, preceded by 
musicians and the choir sing-ing- Ecce Sacerdos 
Magnus, g-oes to the balcony over the entrance to 
the palace to declare to the people the election of the 
Pontiff. "I announce to you a great joy. We have 
as Pope the Most Eminent and Most Reverend 
(mentioning- the Christian name and the title) Car- 
dinal of the H0I3 7 Roman Church (then he mentions 

his sirname) who has taken the name of ." 

At this announcement the crowds utter shouts of 
joy, the castle of San Angelo fires its guns and the 
bells of the city are rung-. Ordinarily, the Pontiff 
is broug-ht to St. Peter's, where seated before the 
hig-h altar, he ag-ain receives the homag-e of the car- 
dinals. After this the Te Deum is solemnly sung-, 
and while its echoes are still resounding- in the glo- 
rious cupola and ascending- to the throne of God, 
the Pope is carried back to the Vatican palace and 
the memorable ceremonies of the papal election are 
ended. 



PART SECOND. 

The Roman Congregations and Tribunals. 
CHAPTER I. 

THE SACRED CONSISTORY AND ITS AUXILIARY 

congregations: THE consistorial congrega- 
tion; THE CONGREGATION EOR CHOOSING 
BISHOPS; THE CONGREGATION FOR EXTRAORDI- 
NARY ECCLESIASTICAL AFFAIRS. 

82. The primacy of the Roman Pontiff entails 
immense labor, because from every part of the world 
questions are referred to him for settlement. As he 
is the supreme pastor, legislator and judge, it is 
necessary that these questions, whether of justice or 
of favor, should be thoroughly examined and satis- 
factorily adjusted; for against a papal decision there 
is no appeal. For this purpose various Congrega- 
tions and Tribunals have been established in Rome, 



THE SACRED CONSISTORY. 81 

to the study of which Ave shall devote this second 
part of our treatise. 

83. First among- all the assemblies for the trans- 
action of business in the Roman Court is the CON- 
SISTORY. Consiston T in a general sense means any 
assemblag-e or cong-reg-ation of men g-athered tog-ether 
for public affairs. But when we speak of the Sacred 
Consistor\ r of the Roman Pontiff we mean that 
solemn assembly or cong-reg-ation which is made up 
of the Pope and the Colleg-e of Cardinals g-athered 
tog-ether as a senate in the apostolic palace. In 
olden times the Consistory was the only congregation 
and tribunal in the Roman Court; and in it the 
Roman Pontiffs used to decide all causes which are 
now examined and decided by the various Congreg-a- 
tions of Cardinals. Hence, too, it met nearly ever} T 
day, and with its other work, heard also contentious 
causes. But later, because of the mass of business, 
many cases were assig-ned to various committees and 
officials, and a number of permanent congregations 
and tribunals were instituted. Thus it was brought 
about that only certain kinds of important business 
were reserved for the Consistory itself. 

84. The orig-in and antiquity of the Consistory may 
be traced back to the very beg-inning of the Roman 
Church. Hence in the Roman Ceremonial we read : 
"The senate of the Roman Church was instituted 
by Peter throug-h divine inspiration, that with it he 
might determine all difficult affairs in the Church." 
Catalanus says the clergy and especially' the priests 
were called the "Senate of the Church." St. Jerome 
makes frequent mention of this senate or gathering- 
of priests, and St. Ignatius calls it a sacred gather- 



82 THE ROMAN COURT. 

ing, a council, the assessors of the bishop. Like- 
wise St. Cyprian says that it was a most ancient 
custom of the Church that the bishop should do 
nothing- without the meeting* and advice of his clergy. 
According to this custom, we find Pope Siricius in 
the } r ear 384 in a s} 7 nod of his priests and deacons, 
which he calls his presbytery, condemning- Jovinian 
and his heresy. Later we find Pope Felix III. in 
his fourth letter, written about the year 485, depos- 
ing- Peter Cnapeus, the pseudo-bishop of Antioch, 
and promulgating - his deposition in these words : 
"Let this your deposition be firm, pronounced by me 
and those who with me rule the Apostolic Throne." 
From this it is evident that the Roman priests and 
deacons, tog-ether with the bishops who happened to 
be in Rome, were present at the councils of the 
Pontiff and together with him decided all causes 
which were referred from every part of the world to 
this primar}- and principal Church. This too was 
the rule of all metropolitan and cathedral churches; 
all causes, temporal and spiritual, being decided by 
the bishop on the advice and judgment of his priests 
and deacons. The great antiquity and dig-nity of 
cathedral chapters is herein manifest, and so also is 
the practice of the Supreme Pontiff of holding- meet- 
ing's with his presbytery or senate and with it decid- 
ing- the important affairs of the Church througmout 
the world. 

85. At the present time a Consistory is either ordi- 
nary and secret or solemn and public. In the solemn 
and public, which is also called an extraordinary 
Consistory, ver} T little actual business is transacted. 
It is rather a ceremonial affair. During- it the 



THE SACRED CONSISTORY. 83 

reception of king's and princes or their ambassadors 
takes place; the red hat is given to newly-created 
cardinals; a leg'ate a latere is solemnly received on 
his return from his mission. 

The ceremonies of* the papal Court are most elab- 
orate and to a public Consistory are gathered not 
only the cardinals but also prelates and princes in 
large numbers, so that an ordinary spectator feels 
lost in wonder and admiration of the quiet dignit} T 
and venerable appearance of what is undoubtedly 
the most august assembly in the world. Public 
Consistories are called at the will of the Pontiff and 
in our times are celebrated but once or twice a year. 

What may be termed a semi-public Consistory is 
held when the canonization of a saint is in progress. 
To it all the bishops and archbishops, titular and 
residential, who may be in Rome at that time are 
admitted. They may also vote. Such a Consistory 
takes on the appearance of a general council and in 
a manner represents the universal Church. 

86. The ordinary or secret Consistories, according 
to present custom are held twice a month, and the 
usual time is Monday forenoon; though the day and 
hour of meeting as well as the Consistory itself 
depends entirely on the Sovereign Pontiff. Notice is 
given the cardinals of the Court the day before the 
Consistory. At the proper time they proceed sol- 
emnly and in regal state to the appointed place, 
wlnrc vested in cappa magna, rochet and biretum 
they sit on wooden benches awaiting the Pontiff. 
When he arrives, dressed in ordinary cassock, rochet, 
mozzeta and pontifical biretum, he takes his accus- 
tomed seat, which is somewhat elevated and covered 



84 THE ROMAN COURT. 

with a baldachitio, and, the doors being- still open so 
that access is g-iven to nobles, prelates and other 
qualified persons, he gives private auricular audi- 
• ence to each cardinal who may wish to speak with 
him concerning- business in the settlement of which 
he is interested, or concerning- favors which he 
wishes for himself or friends. In this function is 
the majesty of the Pope especially recognized; for, 
althoug-h the cardinals sit in the presence of the 
Pope having- their head covered with the cardinal's 
biretum, nevertheless when any of them thus pub- 
licly speaks to the Pope, he stands before him with 
head uncovered and with great attention and rever- 
ence, even thoug-h he be the son of a king-, or a car- 
dinal of great power and worth. 

This private audience being- ended, all but the car- 
dinals are excluced from the hall and the business of 
the Consistory is begun. In an adjoining- room the 
secretary and national cleric of the Sacred Colleg-e 
with the various assistants remain so that they may 
be at hand when wanted; but they nevertheless are 
excluded from hearing- the secrets of the Consistory. 
The Pope lays various matters before the cardinals 
and asks the vote or opinion of each of them. 
Decrees are made, and the cardinal-vice-chancellor, 
who acts as notary or secretary to the Pope and the 
Consistory, records them. From this it will be 
noticed that althoug-h there is a prelate who has the 
name of official secretary of the Sacred Colleg-e, still 
his office is rather a private one and he is not the 
secretary of the consistorial acts. 

87. The matters usually treated in secret Con- 
sistory are: Promotions to the cardinalate; promo- 



THE SACRED CONSISTORY. 85 

tions to metropolitan, cathedral and other important 
churches; the transfer of bishops from one see to 
another; the appointment of coadjutor-bishops, with 
or without the right of succession; the creation, 
union or dismemberment of dioceses; the granting - of 
the pallium; and generally important ecclesiastical 
aifairs which are to be adjusted with king's or 
princes, unless the Supreme Pontiff judges it better 
not to make mention of them to the Consistory. 

In secret Consistory the Pontiffs are also accus- 
tomed to address the Sacred College on the general 
condition of the Church, or on some storm which has 
arisen against it in a certain part of the world. At 
times also they point out errors and dangerous doc- 
trines, separating- what they approve from what 
they reject and condemn. Such allocutions are 
given with the intention of having- them published 
throug-hout the world, to the end that bishops, 
priests and people may be warned ag-ainst the efforts 
of irreligious men, and against the latent danger of 
pernicious doctrines; to the end also that Christian 
people may be shown the path which they can safely 
follow in the peculiar circumstances whereby they 
find themselves surrounded. 

88. The Consistory no longer has the appearance 
of a court where contentious matters are tried; for 
all such matters are referred to certain cong-rega- 
tions or committees whose duty it is to thoroughly 
examine and practicall}' determine the decision which 
ought to be rendered, and then report to the Supreme 
Pontiff before the matter is brought up in Consistory. 

There are several congregations instituted for this 
purpose, which may therefore be called preparatory 



86 THE ROMAN COURT. 

and auxiliary to the Consistory itself. Chief among 
them is the Consistorial Congregation, which 
was establishd by Pope Sixtus V. in January, 1588. 
It is composed of cardinals, eight to twelve in num- 
ber, and the Pope himself is its prefect. The secre- 
tary is one of the Roman prelates, the same who is 
secretary to the College of Cardinals. His tenure of 
office is not for life, but he must be re-appointed or 
confirmed by the cardinals each year. The secre- 
tary has a substitute who is also the minutante of 
the Congregation. An archivist and a scrittore are 
the other officials. 

The work which Sixtus V. assigned to the Con- 
sistorial Congregation is : 1° To examine the rea- 
sons for establishing- new churches of patriarchal, 
metropolitan and cathedral rank and to inquire con- 
cerning- their endowment, chapter, clergy and peo- 
ple; and further to examine all the difficulties inci- 
dent to the proposed chang-es and all controversies 
between the newly-established churches and those 
by whom they are surrounded; 2° To examine the 
reasons for union, dismemberment, cession, chang-e, 
translation, assig-nment of pension in the revenues of 
churches, dioceses and monasteries; 3° To examine 
causes concerning- nominations and the confirmation 
of those elected or postulated for churches; 4° To 
examine causes concerning plurality of monasteries 
and incompatible dignities; 5° To examine causes 
concerning the assignment of suffragans and the 
appointment of coadjutors with or without the right 
of succession. 

Questions such as these not unfrequently are con- 
tested, and the opposing- parties may be heard before 



FOR CHOOSING BISHOPS. 87 

the Consistorial Congreg-ation but not in the Consis- 
tory itself, whence all form of contest has been 
eliminated. But not only in contentious affairs but 
also in others which are treated extra- judiciously 
and in a summary way does this Congregation pre- 
pare the matter to be laid before the Consistory. 
Thus also it examines the process which is prepared 
when bishops and abbots are to be appointed in 
Consistory, and makes a summary of the whole mat- 
ter which is printed and handed to the cardinals 
before the meeting-. The office of the Consistorial 
Congregation is in the Palazzo della Cancelleria 
Apostolica. 

89. Pope Benedict XIV. on the seventeenth of 
October, 1740, established a special Congregation 
composed of live cardinals, whose office was to inquire 
and suggest persons who might properly and use- 
fully be promoted to episcopal or archiepiscopal sees; 
to help the Pontiff by their advice so that when a 
vacancy occurred he could know and promote the 
more worthy; to examine the causes for proposed 
transfers of bishops, and in a word to offer what 
advice they thought proper reg-arding- the selection 
of bishops. The auditor of the Apostolic Chancery 
was made secretary of this CONGREGATION FOR 
CHOOSING bishops. Soon, however, it was merged 
into the Consistorial Congregation so that when an 
informative process regarding- promotion to vacant 
sees was to be prepared, the whole matter was 
arranged by the Consistorial Congregation tog-ether 
with the auditor of the pontifical chancery. The 
reason of this change was the many difficulties which 
were thrown in the way of the Congregation for 



88 THE ROMAN COURT. 

Choosing- Bishops, as it was called. In fact the 
cardinal-protectors of different kingdoms who were 
accustomed to propose in Consistory the bishops of 
their respective countries, rose up and protested 
against the new Congregation. Thus the duty of 
gathering for the Consistorial Congregation and the 
Sovereign Pontiff the necessary information regard- 
ing the candidates and the vacant churches was 
transferred to the apostolic nuncios. 

90. But Pope Leo XIII. restored this Congrega- 
tion at least as regards Italy, and nominated for it 
five cardinals with his auditor as its secretary and 
two other officials as assistants. He imposed upon 
them the obligation of strict secrecy and approved 
practical regulations for gathering the necessary 
information regarding the character and qualities 
of various persons suggested or thought fit for pro- 
motion to the episco'pate. This information is gath- 
ered even before a choice is made by the Sovereign 
Pontiff and in this respect the present Congregation 
for Choosing Bishops differs from the Congregation 
for the Examination of Bishops. This latter was 
established by Pope Clement VIII.; but because of 
difficulties has now practically ceased to exist, even 
though theoretically and canonically it remains in 
full vigor. 

91. The Council of Trent and the canons among 
other qualities require competent knowledge in one 
who is to be made a bishop. Hence, according to the 
Fathers of Trent, the simple owning a degree of 
doctor or licentiate in theology or in canon law is not 
deemed sufficient, but it is required that the one to 
be promoted to the episcopate shall have obtained 



EXTRAORDINARY AFFAIRS. 89 

this degree meritoriously as the result of work and 
examination.- Following- this canonical regulation, 
Pope Clement VIII. established for Italy and the 
adjacent islands a special Cong-regation whose duty 
it should be to examine a person chosen for bishop 
and find out his knowledge of theology and canon 
law. This Congregation was composed of one or 
more cardinals and examiners in theology and of 
other cardinals and examiners in canon law. It had 
also a secretary chosen from the prelates of the 
Court. Practically, however, as was said above, 
the Congregation for the Examination of Bishops 
has ceased its work, but, as Santi says, its place is 
well filled by the re-org-anized Congregation for the 
Choosing- of Bishops. 

92. There is still another Congregation which may 
be called auxiliary to the Consistory. This is the 
Congregation for Extraordinary Ecclesias- 
tical Affairs. It is a development from the 
various particular Congregations or Committees 
which were appointed by the Sovereign Pontiff to 
consider and report on certain matters which it was 
not advisable to treat in Consistory, but concerning 
which it was nevertheless prudent to make inquiries 
and obtain special information. Similar Congrega- 
tions or Committees even in our day are appointed 
to consider and report to the Sovereign Pontiff on 
special questions; but the cardinals thus specially 
appointed are usually selected from those who belong- 
to the Congregation on Extraordinary Ecclesiastical 
Affairs. 

The origin of this Congregation may be traced 
back' to the particular committee which Pope 



90 THE ROMAN COURT. 

Pius VI. in the year 1793 instituted Concerning 
the Affairs of the French Kingdom. Pope 
Pius VII. shortly after he ascended the throne 
ordered that this Congregation should have charge 
also of extraordinary ecclesiastical affairs in other 
kingdoms and gave it the more general name by 
which it is now known. The Congregation lasted 
until the year 1809 at which time the Sovereign Pon- 
tiff was dragged away from Rome. While he was a 
prisoner it became extinct, but after his happy 
return in 1814 it was re-established. And indeed at 
that time it was most necessary; for the disturbed 
condition of all Europe had so affected ecclesiastical 
affairs that many important and intricate points had 
to be settled at once and the ordinary Congregations 
were too slow to meet the emergency. 

The Congregation as arranged by Pope Leo XIII. 
consists of fourteen cardinals with a secretary and 
eight consultors. The secretary, as was specially 
declared by Pius VII., has a vote as well as the car- 
dinals. The Cardinal-secretary of State is always a 
member of this Congregation, and so intimately is 
the business of the Congregation connected with the 
business of the Secretary of State that the offices of 
the Congregation adjoin the offices of the Secre- 
tary in the Vatican palace. There are five officials 
employed in the secretariate of the Congregation, 
besides scrittori or copyists. To obtain an appoint- 
ment as an official when a vacancy occurs, it is 
necessary for the applicant to show diplomas cer- 
tifying to university degrees obtained through exam- 
ination in theology and canon law. When appointed 
the official receives the sum of thirty dollars a month, 



EXTRAORDINARY AFFAIRS. 91 

and is required to be at his desk between the hours 
of 10 a. m. and 4 p. m. The scrittori or copyists, 
whose work is merely clerical, in many cases receive 
three times the salary of the officials. Surely this 
arrangement seems anomalous, and the salary of the 
officials meagre indeed. 

93. The competenc\ T of the Cong-reg'ation is not 
limited to a certain kind of business but affairs of 
any kind which can be treated in this way better 
than in the ordinary Cong-reg-ations are assigned to 
it. Especially all matters pertaining- to concordats 
and other relations of the Holy See with the various 
governments of the world are committed to this Con- 
gregation on Extraordinary Affairs. 

All members of the Cong-reg-ation are bound to 
secrecy by oath and the sanction of most severe pun- 
ishment. Meeting's are held, not on specified days, 
but whenever called, sometimes before the Sovereign 
Pontiff, at other times in the office of the Secretary 
of State. At these meeting's of the cardinals, the 
secretary, who is a prelate, is present and votes; but 
the consultors are not admitted. 

The duty of the consultors is to prepare, each of 
them, a written opinion on the matter in hand, which 
opinions are presented to the meeting- or to the 
Supreme Pontiff as the case requires, by the secre- 
tary of the Cong-reg-ation. 

94. Such a Cong-reg-ation is of great utility in the 
spiritual government of the Church, for it points out 
and explains to the Sovereign Pontiff the way and 
the means of treating, according- to the dictates of 
truth and prudence, the more important affairs which 
may arise. It also affords the Sovereign Pontiff a 



92 THE ROMAN COURT. 

convenient method of following- out a certain prede- 
termined line of action in state affairs without the 
annoyance of delay. Hence Pope Pius IX. used to 
call this Congregation his "right hand/' 

Furthermore this Congregation on Extraordinan* 
Aifairs treats all the church business of the countries 
subject to the Russian Empire; and it also exclu- 
sively attends to the business of the countries of 
South America, in the same way as the Congre- 
gation of the Propaganda attends to the affairs of 
North America. Hence among other duties it grants 
all faculties and indults that may be required in the 
ecclesiastical affairs of these countries, and examines 
into the merit of those proposed for episcopal or 
archiepiscopal sees situated therein. 



CHAPTER II. 

THE CONGREGATION OF THE HOLY OFFICE OR OF 
UNIVERSAL INQUISITION. 

95. Chief among- all the Roman Congregations is 
that of the Supreme and Universal- Inquisition. It 
is also called the Holy Office, for the reason, that, as 
heresy is designated the crime of rebellion ag-ainst 
God and a most pernicious danger to Christian 
society, to seek out heretics and labor for their con- 
version and thus preserve nations in the faith and 
protect them from internal contention has justly been 
considered a hoty office. The Sacred Congregation 
of Universal Inquisition should not be confounded 
with the tribunal of the Inquisition. For the former 
was established by Pope Paul III. in 1542, whereas 
the latter is nearly 400 years older and owes its 
beginning- to the Eleventh Ecumenical Council held 
at the Lateran in the year 1179. So much that is 
false or perverted is found, especially in English 
works, concerning- the Inquisition, that we may be 
pardoned for inserting- an extensive review of it, for 
many points of which we are indebted to Alzog", 
Balmes, Bouix and Hefele. 

96. Innocent III., because he ordered heretics to 
In- Looked after in southern France, and to be either 
instructed and brought back to the Church, or if 
obstinate, prevented from doing harm by consigning 
them to perpetual imprisonment, has been generally 



94 THE ROMAN COURT. 

credited as the author of the Inquisition. But pre- 
viously to his time, the Eleventh Ecumenical or 
Third Council of the Lateran, held in 1179, had 
published a decree declaring' that, "though the 
Church thirsts not for blood, a fear of corporal pun- 
ishment is nevertheless frequently salutary to the 
soul of man, and that therefore such heretics and 
their abettors as would not be content to act silently 
and in private, but boldly insisted on -preaching- their 
errors publicly, thus perverting weak and silly peo- 
ple and inflicting cruelties upon the faithful, sparing 
neither churches, widows, nor orphans, should be 
denied all intercourse with the orthodox and that an 
indulgence of two years should be granted to those 
who would wagfe war against them." 

The Council of Verona, in 1184, presided over by 
Pope Lucius III. and at which Emperor Frederick I. 
was present took measures to comph T with this 
decree. Such, according to Alzog, was the true 
origin of the Inquisition. It was not till much later, 
when heretical fanaticism, spurning all overtures of 
the Holy See, and exciting public indig-nation by the 
cruel assassination of Peter of Castelneau, that Pope 
Innocent III. resolved upon vigorous measures for 
its suppression; not, as has been asserted, to give 
a sanction to tyrannous and arbitrary measures, but 
in some sort unwillingly, fearing- in his paternal 
solicitude that the g-ood grain might be plucked up 
with the tares, that some might manifest a stubborn 
spirit, and the weak be driven into heres}^. The 
Twelfth Ecumenical or Fourth'Council of Lateran, 
in 1215, laid down instructions for inquisitors, among 
which we find: "The accused shall be informed of 



TRIBUNAL OF INQUISITION. 95 

the charg-es preferred against him, that an opportu- 
nity may be given him of defending- himself. His 
accusers shall be made known to him, and he him- 
self shall have a hearing- before his judges." In the 
Council of Toulouse, held in 1229, during the ponti- 
ficate of Gregor} T IX. the Episcopal Inquisition was 
formally established and received definite organiza- 
tion. Its courts were raised to the dig-nity of regu- 
lar tribunals, the methods and duties of which were 
laid down in an instrument embracing- fifteen chap- 
ters. Lest bishops might be tempted to spare their 
friends, Gregor} T IX. in 1252, sent foreign monks, 
chiefly Dominicans, to perform the duties of inquisi- 
tors. 

97. The Inquisition thus established was no long-er 
as formerly a local tribunal, but one having general 
jurisdiction. The heretics against whom it was 
established were equally dangerous to Church and 
State. The consequences of the teaching of the 
Cathari, Waldenses and Albigenses reached out 
until they embraced all the relations of political, 
social and commercial life, and were subversive of 
them all. For the} r declared marriage fornication, 
thus sundering the most sacred of social bonds and 
sloping the way to the most revolting- immortalit} r ; 
they set lire to churches built by the generous devo- 
tion of the faithful and endeared to them by a hun- 
dred tics; they sought out and destroyed objects of 
Christian worship which every Catholic regarded 
with feelings of love and reverence. It would have 
required a heroic exercise of patience in Catholics of 
any age to-remain indifferent or peaceful spectators 
of such outrages, and patient endurance was not a 



% THE ROMAN COURT. 

characteristic of those sturdy and uncompromising - 
ag-esof faith. It is doubtful if in our own day sec- 
taries as dang-erous and malignant as the Albigenses 
and Cathari would be treated more leniently. Hence 
their treatment is not surprising- in times when 
Church and State were so intimately united and when 
heresy was associated in the public mind as a crime 
equally offensive and dang-erous to both, and 
apostasy from the faith an evil more heinous and not 
less menacing" to social order than larceny and mur- 
der. Therefore, once a person indicted for heresy 
had been found g-uilty, he was handed over to the 
civil authority for punishment, with however, the 
invariable prayer that he mig-ht be spared and not 
condemned to death. It should be observed that 
princes of very different character like the Emperor 
Frederick II., Raymond VII., Count of Toulouse, 
and Louis IX., king- of France, enforced the inquisi- 
torial laws with extreme severity, enjoining - their 
faithful execution upon the magistracy. ' 'We should 
bear in mind," says the Protestant Bluhme, in his 
System of Canon Laze, "that these thing's happened 
under an Emperor (Frederick II.) who had made 
himself odious to the Catholic Church and that the 
worst horrors of the Inquisition were first perpe- 
trated after it had passed into the hands of the 
Spanish king's." 

98. It is to be noted that the Inquisition was at 
first nowhere established as a permanent tribunal 
such as it became later in Spain. Gregfory IX. and 
Innocent IV. confined its jurisdiction within narrow 
limits in southern France, and Boniface. VIII. and 
Clement V. considerably modified the rigfor of its 



TRIBUNAL OF INQUISITION. 97 

rules. After these chang-es had been made and 
partly in consequence of them, the Inquisition was 
established in the whole of France, in Italy, Ger- 
many and Poland, and by act of parliament in 1400 
in Engdand. One cannot help deploring- the fate of 
these heretics, who like the "witches" of a latter 
day expiated their offenses by the penalty of death, 
and regretting- with St. Aug-ustine in a similar case, 
that efficient and progressive disciplinary enactments, 
sufficiently severe but stopping - short of extreme 
punishment, had not been employed to reclaim them 
from their error and bring- them back to the Church; 
but still we cannot agree with Protestants in con- 
demning- the Inquisition and its methods of dealing- 
with heresy, as inducing- mental servitude and afford- 
ing- a pretext and a means of taking- a bloody 
reveng-e. To be just to the Middle Ag-es they should 
be judg-ed by the principles and ideas of those times 
and not of our own. Protestants boasting- of su- 
perior mental freedom have affected to ignore the 
weight of reason based upon contemporaneous cir- 
cumstances and while arraig-ning- Catholics have 
passed in silence over the policy of Luther, Calvin 
Melanchthon and Beza. Did not these men support 
by arg-uments at once solid and decisive the lawful- 
ness of coercive measures ag-ainst heretics? Did 
they not make a signal and terrible application of 
their principles to a vast number of persons? Did 
not these Protestant reformers punish witchcraft 
and sorcery as capital crimes at the very moment 
when Catholics like Cornelius Loos at Mentz in 
1598, and, still later, the Jesuits Adam Tanner and 
Frederick von Spee were earnestly protesting ag-ainst 



98 THE ROMAN COURT. 

the policy as absurd; and when Catholic sovereigns 
at the request of Catholic priests were abolishing 
these tribunals ? 

99. To instance a few: Felix Mans, the Anabap- 
tist, was drowned at the instigation of Zwing-lius; 
Servetus was burned by the advice of Calvin, 
because he held heretical doctrines on the Trinity; 
Gentilis was beheaded; Sylvanus of Ladenburg- was 
put to the sword in the market place of Heidelberg-; 
Chancellor Crell after suffering- inhuman torture 
to the demoniacal amusement of his persecutors, was 
finally beheaded for embracing- Calvinism; Henning- 
Brabant after being- frig-htfully mutilated was 
executed because of his pretended familiarity with 
the devil; Carlstadt and Hesshusius were cruelly 
persecuted; Kepler, the celebrated astronomer, by 
his scientific teaching's provoked the wrath of the 
reformers; and last but not least were the victims of 
the star chamber in England. In the small district 
of Nuremberg- alone, between the years 1577 and 1617 
three hundred and fifty-six persons suspected of 
heresy and witchcraft were executed, and three hun- 
dred and forty-five flog-g-ed or mutilated. Such is a 
partial record of Protestant Inquisition and punish- 
ment of heretics. Melanchthon praised Calvin's 
action and in Consilia II. has left us an elaborate 
defense of the practice of inflicting capital punish- 
ment on heretics. Beza went so far as to insist 
that the Antitrinitarians should suffer capital pun- 
ishment even after they had retracted their errors. 
Crenii, Animadversiones XI. go. 

100. Althoug-h it is notorious that the Spanish 
Inquisition was wholly different in character and 



SPANISH INQUISITION. 99 

aim from that established by the Holy See, numer- 
ous and strenuous efforts have been made to identify 
the two for the sole purpose of aspersing- the Cath- 
olic Church. After the kingdoms of Castile and 
Arragon had been united into one by the marriage of 
Isabella and Ferdinand, no efforts were spared to 
consolidate the new monarch)', increase its power, 
and curb the overbearing- insolence of the nobility. 
To secure these ends and fill the depleted exchequer 
b} T fines and confiscations, the two sovereigns deter- 
mined to establish the Inquisition, whose special 
office from the year 1484 was to oppress the Jews 
and Moors, two numerous, wealthy and influential 
alasses, the implacable enemies of Catholic Spain. 
From this time forth the Inquisition became a 
national institution in Spain, and not only the lower 
and illiterate classes, but the nobility, men and 
women, might be seen in crowds at the Autos da Fe, 
the scenes, not only of bloody executions, but of 
solemn retractions. Those who abjured their errors 
were immediately granted their freedom. The 
sword and olive branch on the armorial bearing of 
the Inquisition had a deep sigmificance. Neither 
atheists nor infidels, however, were persecuted in 
Spain unless when they attempted to proselytize. 
The "Holy Office" of Spain was therefore ^.-purely 
'political institution against which Popes sometimes 
exerted their full influence and power. Thus Six- 
tus IV. wrote indignantly to the Spanish monarchs 
when he learned to what extent he had been trifled 
with by their abusing his authorization of the estab- 
lishmenl of the Inquisition, and rejected their petition 
for the establishment of the tribunal in other cities 



100 THE ROMAN COURT. 

than Seville. (Llorente Vol. IV.) Ranke says: 
"The Spanish Inquisition was above all thing-s in its 
spirit and object a political institute." "The 
Inquisition," says Guizot, "was at first more polit- 
ical than religious, and destined rather for the main- 
tenance of order than the defense of faith." 

If the government condescended to appoint 
churchmen to some of the offices of the Inquisition, 
it did so of its own accord, and their presence not 
unfrequently softened to clemency the rigx>r of this 
terrible tribunal. Such was the influence of Thomas 
Torquemada and Diego Deza, from 1483 to 1506 
both of whom held the office of Grand Inquisitoi 
The number of victims of the Spanish Inquisition has 
been grossly exaggerated ; but as the English his- 
torian, Gibbon, remarks, and de Maestre re-affirms, 
even admitting- the accuracy of the figures, when 
compared with the thousands slaug-htered in the 
bloody conflicts occasioned throughout Europe by the 
introduction of Protestantism, the advantage is on 
the side of Spain. 

101. The tribunal of the Inquisition in the city of 
Rome was ruled by the Sovereign Pontiff himself, 
who was assisted by several ministers and advisers. 
Chief among these assistants were the members of 
the Order of Preachers, or Dominicans, one of whom 
under the name of Master of the Sacred Palace, 
performed the duty of assessor or special adviser 
to the Pope in matters of heresy. Another of the 
same order filled the office of Commissary of the 
Inquisition. In time, however, one of the cardinals 
was assigned to take the place of the Pope as head 
of the tribunal, and he was called the Prefect of the 



ROMAN INQUISITION. 101 

Inquisition. The Inquisition in Rome was noted for 
its leniency compared to similar tribunals existing- in 
other countries; and it had no connection whatever 
with the Spanish Inquisition, except to receive com- 
plaints and as a rule mitigate the severity of the 
Spanish tribunal. Thus we learn that two hundred 
and fifty Spanish refugees were found in Rome at 
one time, and convicted of having- fallen into Judaism; 
yet there was not one capital execution. Some 
penances were imposed upon them, and when they 
were absolved, they were free to return home with- 
out the least mark of ignominy. This took place in 
Rome in 1498. 

102. It is a remarkable thing - , says Balmes, that 
the Roman Inquisition was never known to pro- 
nounce the execution of capital punishment, although 
the Apostolic See was occupied during' that time by 
Popes of extreme rigor and severity in all that 
relates to the civil administration. We find in all 
parts of Europe scaffolds prepared to punish crimes 
against religion; scenes which sadden the soul were 
everywhere witnessed. Rome is an exception to the 
rule; Rome which it has been attempted to represent 
as a monster of intolerance and cruelty. It is true 
that the Popes have not preached like Protestants, 
universal toleration; but facts show the difference 
between the Popes and Protestants. The Popes, 
armed with a tribunal of intolerance, have not spilled 
one drop of blood; Protestants and philosophers 
have shed torrents. What advantage is it to the 
victim to hear his executioners proclaim toleration? 
It is adding the bitterness <»f sarcasm to his punish- 
ment. The conduct of Rome in the use which she 



102 THE ROMAN COURT. 

made of the Inquisition, is the best apology of Cath- 
olicity against those who attempt to stigmatize her 
as barbarous and sanguinary. In truth, what is 
there in common between Catholicity and the exces- 
sive severit}- employed in this place or that, in the 
extraordinary situation in which many rival races 
were placed, in the presence of danger which men- 
aced one of them, or in the interest which kings had 
in maintaining the tranquility of their states and 
securing their conquests from danger? It is not 
necessary to enter into a detailed examination of the 
conduct of the Spanish Inquisition with respect to 
Judaizing Christians; none will think that the rigor 
which it employed against them was preferable to 
the mildness recommended and displa} T ed by the 
Popes. What is claimed is that that rigor was the 
result of extraordinary circumstances, the effect of 
the national spirit and of the severity of customs in 
Europe at that time. Catholicity cannot be 
reproached with excesses committed for these differ- 
ent reasons. Still more, if we pay attention to the 
spirit which prevails in all the instructions of the 
Popes relating to the Inquisition; if we observe their 
manifest inclination to range themselves on the side 
of mildness and to suppress the marks of ignominy 
with which the guilty as well as their families were 
stigmatized, we have a right to suppose that, if the 
Popes had not feared to displease the kings too 
much, and to excite divisions which might have been 
fatal, their measures towards mildness would have 
been carried still further. 

103. Therefore we have a right to protest against 
many writers of the present day, who show bad 



ROMAN INQUISITION. 103 

faith in appealing- to the feeling's with respect to the 
Inquisition, which ought to be examined by the lig-ht 
of reason alone, if it is to be properly examined. 
The dung-eons, the burning's of the Inquisition and 
the intolerance of some Catholic princes, furnish 
these enemies of the Church with one of their most 
effective arguments in depreciating- her and render- 
ing- her an object of odium and hatred; for the gen- 
erality of readers, without undertaking- to examine 
things to the bottom, allow themselves to be influ- 
enced b} T their feeling's and imagination and are thus 
led astray. Readers who have sensitive hearts are 
prompt to pity the unfortunate, and what is more 
likely to excite their indignation than the exhibition 
of dark dungeons, instruments of torture and burn- 
ing's ? Imagine what effect must be produced, amid 
our toleration, our g-entle manners, our humane 
penal codes, by the sudden exhibition of the severi- 
ties, the cruelties of another age; the whole exag- 
gerated and grouped into one picture, where are 
shown all the melancholy scenes which occurred in 
different places and were spread over a long period 
of time. Moreover, such writers take care to 
remind their readers that all this was done in the 
name of the God of pence and love; thereby the con- 
trast is rendered more vivid, the imagination is ex- 
cited, the hearl becomes indignant; and the result is, 
as they desire, that the clergy, magistrates, kings 
ami Popes <>l those remote limes appear like a troop 
of executioners, whose pleasure consists in torment- 
ing and desolating the human race. 

Let there 1m- fairness and honesty in the treatment 
of these questions. Moreover, let it not be forgot- 



104 THE ROMAN COURT. 

ten, as was shown above, that Protestants as well 
as Catholics have been intolerant of what they con- 
sidered heresy; let it not be forgotten that the relig- 
ious wars with which Protestants devastated the 
fairest parts of Europe, in a few years put to death 
many more people than all the tribunals of the Inqui- 
sition convicted of heresy and handed over to the 
civil power throughout the whole time of its exis- 
tence. And who shall count the immense number 
of Catholics put to death by the Protestant rulers of 
Holland, England and Ireland, simply because of a 
difference in religious views ? There were thous- 
ands of them. And who, if not Protestants, burned 
witches in America ? Had there not better be an 
end of abuse ? Happily the spirit of our age is not 
the spirit of five hundred years ago. 

104. The Sacred Congregation of Universal Inqui- 
sition was established as a committee in the year 
1542 by Pope Paul III. who wished to enlarge the 
scope and extend the work of the Roman tribunal of 
the Inquisition so that it should examine doctrines as 
well as try persons. Pope Sixtus V. later enlarged 
and confirmed it as a Congregation and decreed that 
it should rank as the chief of all the Roman Congre- 
gations. The Sovereign Pontiff himself is its prefect, 
and according as he judges fit, assigns cardinals to 
it who are known as General Inquisitors. There 
are ten cardinal-inquisitors at the present time. 
The oldest cardinal of the Congregation is supposed 
to fill the office of secretary and he is rarely other 
than the dean of the Sacred College. At present, the 
dean is secretar}", though he is not the senior car- 
dinal. To aid the cardinal-inquisitors twenty-two 



CONGREGATION OF INQUISITION. 105 

constrictors, six qualificators and four lesser officials 
are assigned to the Congregation, all chosen by the 
Pope himself. 

105. First among - all the officials is the assessor 
of the Holy Office who is selected from the secular 
prelates or honorary chamberlains of the Pope. He 
presides over the meeting of the consultors which 
takes place ever} r Monday, and lays before the car- 
dinal-inquisitors, who meet on Wednesday, the busi- 
ness to be done and the questions to be treated, 
together with the vote or opinion of the consultors 
previously obtained. When a sentence is reached by 
the cardinals, he lays it before the Pope. The 
assessor also has charge of the office of the secre- 
tary of the Congregation and superintends the work 
done therein. 

The second official is the commissary of the Holy 
Office who is taken from the Dominican order and 
from the province of Lombardy. He performs the 
work of an ordinary judge and especially prepares 
judicial processes. He has an assistant who is also 
a Dominican. 

The third official is the fiscal procurator. He sits 
with the consultors in their meeting, defends the 
observance of the laws and prepares instructions by 
which diocesan courts are directed in making out 
the nets of trials. There is also an advocate for 
accused persons, an archivist and a notary with 
assistants depending on him. 

The consultors of the Holy Office are chosen by 
the Pope himself from the most learned canonists 
and theologians of the secular and regular clergy. 
The number is optional, but among them are always 



106 THE ROMAN COURT. 

the general of the Dominican order, the master of 
the Sacred Palace who is also a Dominican, and a 
theologian of the order of Conventuals. Besides 
the consultors, there are qualificators whose duty is 
to examine books at the order of the Congregation 
and report what note of censure they think should 
be applied to the book or certain propositions taken 
from it. 

All these officials and consultors are bound to 
absolute secrecy in regard to all acts of tjie Congre- 
g-ation under pain of excommunication to be incurred 
ipso facto for any violation of this obligation. This 
is but right, for when we consider that the most 
secret and delicate matters of Church administra- 
tion come before this Congregation, it appears evi- 
dent that without such a strict obligation of secrecy 
these matters might be divulged to the great preju- 
dice and even ruin of innocent people. 

106. The Sacred Congregation of Universal Inqui- 
sition is truly a supreme and universal tribunal in 
matters belonging to it, and therefore has jurisdic- 
tion over all the faithful of every order and dignity, 
even over patriarchs, archbishops and bishops, as 
well as over all other inquisitors throughout the 
world. Its competency, as laid down by Pope 
Sixtus V., extends to all causes concerning heresy, 
schism, apostasy from the faith, magic, sortilege, 
divinition and abuse of the sacraments. Hence this 
Congregation tries and condemns, if found guilt}^, 
Catholics who may be accused of heresy or any other 
of the above mentioned crimes, and also condemns 
any of their writings which may be erroneous. 
Hence also the matter of solicitation in sacramental 



A SUPREME TRIBUNAL. 107 

confession, as well as the marriage of Catholics with 
heretics or schismatics as regards both the dispensa- 
tion and the consequent difficulties, belongs exclu- 
sively to this Congregation. Hence, too, it issues 
rules for the guidance of diocesan courts in proving 
the liberty of a person who wishes to contract mat- 
rimony. Finally to it are referred questions con- 
cerning faith and concerning- secret or other societies, 
when b\ T way of appeal or interpellation these mat- 
ters are brought before the Sovereign Pontiff. 

At times, also, the Pontiff commits to this Con- 
gregation the examination of a question, which, it is 
true, does not pertain to faith, but which because of 
the quality of the question itself or the persons 
whom it concerns, should be treated secretly and not 
with the regular public judicial process of the other 
Congregations. 

107. The great care manifested by this Congrega- 
tion in the examination of books and writings which 
may come before it, is evident from its method of 
proceeding, as laid down by Pope Benedict XIV. in 
1753. The Pope says: "When any book is brought 
before the Congregation of the Holy Office as 
deserving censure, if the Congregation does not send 
it to the Congregation of the Index to be judged, as 
is usually done, but, because of the matter or the 
circumstances, prefers itself to judge the book then 
we order that this method be followed: First the 
book shall be given to one of the (|ualificators or 
consul tors to be designated by the Sacred Congre- 
gation, and he shall read it attentively and weigh it 
diligently. Then he shall put his censure in writ- 
ing, indicating the passages and pages in which the 



108 THE ROMAN COURT. 

detected errors are found. Then the book with the 
animadversions of the reviser shall be sent to each of 
the consultors, who shall pass sentence on it and on 
the censure, in their meeting- held as usual on Monday 
in the rooms of the Sacred Office. The censure and 
the book together with the votes of the consultors 
shall then be given to the cardinals that they may 
definitely judge the whole matter in their meeting- 
held on Wednesday in the monastery of the Domin- 
icans, called St. Mary supra Minervam. After this, 
all the acts shall by the assessor of the Holy Office 
be brought to the Pontiff at whose will the whole 
trial shall end. But since by ancient usag-e it is 
received that a book by a Catholic author shall not 
be proscribed on the censure of only one reviewer, 
We desire that such a custom shall be maintained; 
so that if the first censor judg-es that the book should 
be forbidden, even though the consultors agree to the 
same opinion, nevertheless the book and the censure 
shall be given to another reviewer, to be chosen by 
the same Congregation, which second reviewer shall 
not be given the name of the first reviewer, in order 
that he may more freely give his opinion. If the 
second reviewer agrees with the first, then the ani- 
madversions of both are sent to the cardinals, that 
they may decree concerning- the book. But if the 
second disagrees with the first and thinks the book 
should be left uneondemned, then a third censor is 
to be chosen, to whom the opinions of the former 
reviewers are given without their names being men- 
tioned. This third opinion, if it harmonizes with 
the previous sentence of the consultors, is immedi- 
ately sent to the cardinals that they may decree 



EXAMINATION OF BOOKS. 109 

what is opportune. Otherwise the third opinion is 
to be laid before the consultors for their vote. All the 
opinions and the votes of the consultors are then to be 
referred to the cardinals, who after carefully weigh- 
ing the matter, shall give judgment. If, however, 
the Pontiff, either because of the gravity of the sub- 
ject treated in the book or because of the author's 
merit or other circumstances, shall order that judg- 
ment on the book shall be given before himself in the 
Congregation held on Thursday, then the censures 
and the votes of the consultors, without the cardi- 
nals having acted on them, shall be laid before the 
Pontiff by the assessor of the Holy Office. For then 
by the votes of the cardinals in the presence of the 
Pontiff and his definitive sentence, or by some other 
opportune method which may be adopted in that 
meeting, the matter shall be finished." 

108. There are, as is insinuated above, three meet- 
ings or gatherings of the Congregation of the Holy 
Office; the meeting of the consultors without the 
cardinals, the meeting of the cardinals without the 
Sovereign Pontiff and finally the meeting of the car- 
dinals with the Pontiff. The meeting of the con- 
sultors is held regularly every Monday in the palace 
of the Holy Office, Palazzo del S. Uffizio, near the 
Vatican basilica. At it are present the consultors, 
the assessor, the commissary and the other officials, 
and the business which has come up is laid before 
them by the assessor for discussion and decision, so 
that it may he in shape lor the Congregation of the 
cardinal-inquisitors which is held each Wednesday. 

The meeting of the cardinals was held formerly in 
the Dominican monastery near the church of St. 



110 THE ROMAN COURT. 

Mary supra Minervam, but now is held in the Vati- 
can palace. At this meeting- the cardinal-dean 
usually presides. When the cardinals are convened, 
the assessor enters alone, and standing, lays before 
the Congregation the business prepared in the meet- 
ing of the consultors, reading- the letters, processes, 
opinions and votes of the consultors on the matter in 
hand. The consultors are then admitted if the car- 
dinals so desire, and after hearing* their opinions, the 
cardinals pronounce definitely and prepare a decree, 
unless the matter is so important that the Supreme 
Pontiff desires to hold a third Congregation before 
himself. When a decree is issued by the cardinals 
alone, it is prepared in their meeting and on the 
same day laid before the Sovereign Pontiff for his 

approval. It is worded like this : "Wednesday, , 

The Sacred Congregation of the Most Eminent and 
Most Reverend Cardinals of the Holy Roman 
Church, after an examination made by the theolo- 
gians deputed for the purpose, and report being- 
made to the Holy Father, by the present decree 
declares " 

One peculiarity of this Congreg-ation is that what 
is determined by the majority of the cardinals pres- 
ent, and even by two if they alone are present, has 
the same force as if determined by all belonging to 
the Congregation. 

109. The third meeting of the Congregation for- 
merly was held every Thursday in the presence of 
the Sovereign Pontiff, and at it he presided. But 
now such meetings are held only when the Pontiff 
desires them. They are held in the apostolic pal- 
ace, and at the beginning only the cardinals with 



VALUE OF DECREES. Ill 

the assessor are present before the Pope. A sum- 
mary is given of the matter treated in the meeting 
of the previous da} T , and each cardinal, beginning 
with the junior, gives his opinion, so that the one 
which seems most acceptable may be confirmed by 
pontifical decree. Then the consultors are admitted, 
and their advice having- been heard, what should be 
done in the matter is determined, and a decree issued 
to that effect. The decree is g-enerally worded in 
this way : "Thursday, , in the General Congre- 
gation of the Holy Roman and Universal Inquisition, 
held in the apostolic palace before His Holiness Pope 

and the Most Eminent the Cardinals of the Holy 

Roman Church, inquisitors in the whole Christian 
world, the Holy Father, having heard the opinion of 
the same, has ordered and decreed that ". 

110. The authority of the sentences and judg- 
ments of the Sacred Congregation of the Holy 
Office is the authority of the Holy See itself, and 
therefore there is no canonical appeal from it to any 
other tribunal. Nevertheless the interested parties 
may sometimes obtain from the Holy Father a 
rehearing of the case, if considerable new evidence 
is produced; and it may happen also that the pre- 
vious judgment is modified at the rehearing - because 
of this new information. 

The doctrinal decrees of the Holy Office without 
doubt are to be treated with the greatest reverence, 
for they are issued by a competent tribunal and after 
a thorough examination of the question by men 
whose knowledge and probity are above exception. 
But nevertheless these decrees are not infallible nor 
irrelormable. For infallibility belongs to the Pope 



112 THE ROMAN COURT. 

alone, and these replies or decrees are not papal acts. 
Even if the Sovereign Pontiff approves them, they 
still retain the nature of a decision of the Sacred 
Cong-regfation, and as such the Pontiff approves and 
orders them published. (De Angfelis, Santi and 
others.) 

The case would be different, if the Pontiff should 
make the decision of the Sacred Congreg-ation his own 
and solemn^ publish it by his apostolic authority as 
the teacher of the whole Christian world. For then 
he would be speaking- ex cathedra and his definition 
of the doctrinal matter would be irreformable. 



CHAPTER III. 

THE CONGREGATION OP THE INDEX. 

111. The Sacred Congreg-ation of the Index may 
be considered an auxiliary of the Congreg-ation of the 
Holy Office. For since the Congregation of the 
Holy Office, because of the gravity and multiplicity 
of the matters referred to it, found it impossible to 
devote the required time to the examination of books 
and to the separation of the bad from the g"ood, so 
that dang-er to the faith and morals of Catholic peo- 
ple mig-ht be warded off , it was deemed expedient to 
establish a special Congregation for the purpose of 
examining books and making an index or catalogue 
of those condemned as dang-erous. The Church from 
the very beginning* of her mission, which is to pro- 
cure integrity of faith and sanctity of morals by 
pointing 1 out good pastures and warning- the faithful 
against those infected with poison, has exercised the 
right of condemning- certain books, the reading- of 
which might prove injurious to sound faith and 
Christian morality. 

112. Because she has been charged by Christ with 
the duty of preserving the deposit of faith and hand- 
ing - it down intact; and also with the duty of teach- 
ing this faith throughout the world, it follows nec- 
essarily that she must have the right of pointing out 
bad and dangerous books, and of prohibiting the 



114 THE ROMAN COURT. 

diffusion and perusal of them. For there is no doubt 
whatever of the influence of books on man's mind. 
The}- are actually food for the mind as much as 
bread is food for the bod}-. An evil book will not 
only prevent the mind from receiving- the spiritual 
and intellectual food of revelation, but moreover will 
poison and destroy whatever of such food has been 
received. From the first ag-es, therefore, bad and 
dangerous books were condemned; but up to the 
sixteenth century no index or catalogue of such 
books was compiled. Paul III. committed to the 
Congregation of Universal Inquisition the duty of 
prohibiting - evil books, but Paul IV. in the year 1559 
was the first to make and publish a catalogue of 
them. 

113, This first catalog-ue was found incomplete and 
inconvenient. Therefore at the request of Pope Paul 
IV., the Council of Trent appointed eighteen of its 
members to complete the work and add rules for the 
guidance of the faithful. When this committee 
reported the council was about to adjourn, and thus 
the report was referred to the Sovereign Pontiff 
without any action by the council. 

Pius IV. committed the work to several other 
learned men for further examination, and finally 
published the Index with ten rules, ordering* it to be 
observed by all. Pope Clement VIII. enlarged the 
list of books and in 1595 ordered that it be published 
throughout the world. 

Pope Pius V. in the year 1571 instituted the special 
Congregation of the Index whose peculiar and almost 
sole duty is to examine books that are to be either 
proscribed, amended or permitted. It is not the 



CONGREGATION OF INDEX. 115 

duty of the Congregation to inquire whether books 
against faith and morals are published anywhere, 
but rather to examine the books which may be 
brought to its notice. To this Congregation, more- 
over, was given the right to point out needed correc- 
tions in prohibited works, and after these corrections 
are made, to take them off the Index and permit them 
to be used generally. It has the right also to grant 
certain persons faculties to retain and read prohibited 
books, if necessity or prudence demands it. 

114. The Congregation of the Index is now com- 
posed of thirty-one cardinals, the number being 
optional with the Pope. Nineteen of these cardinals 
are bishops of residential sees in various countries, 
and live extra curiam. One of the cardinals in curia 
is appointed prefect. His assistant is always the 
master of the Sacred Palace. The secretary, from 
the first organization of the Congregation to the 
present day, has been chosen by the Pope from the 
order of Dominicans. There are also thirty-two 
consultors and four relators, chosen from both the 
secular and regular clergy. A minutante and 
archivist has charge of the office of the Congregation, 
which is the Palazzo della Cancellaria Apostolica. 
The work of the relators is to read the books 
referred to them and give a written opinion, point- 
ing out the errors that require correction or con- 
demnation. 

115. The method to be followed by the Congrega- 
tion of the Index is prescribed by Pope Benedict XIV. 
in his constitution Sollicita of July ( ), 1753. "Since 
the Congregation of the Index," the Pontiff savs, 
"has been instituted solely for the censure of books, 



116 THE ROMAN COURT. 

it is not convened as often as the Congregation of 
the Holy Office; and therefore we commit to its sec- 
retary, according- to former practice, the peculiar 
rig-ht and duty of receiving- denunciation of books. 
He will, therefore, when an}'One bring-s a book for 
condemnation, diligently inquire of him the reasons 
why he requests censure. Then he will carefully 
examine the book to see whether there is any founda- 
tion for the complaint, and select two consultors to 
assist in the -examination, they to be approved by the 
Sovereig-n Pontiff or the cardinal-prefect or him who 
supplies the prefect's place. If according- to the 
consultors the book seems deserving- of censure, a 
relator, competent to pass judg-ment because of his 
knowledg-e of the subject treated, shall be chosen; 
and he shall report in writing- his animadversions, 
noting- the pag-es on which are found each of the 
points he deems censurable. 

"But before his report is referred to the cardinals, 
We desire that a private meeting- of the consultors be 
held, that judg-ment may be had on the weig-ht of 
the animadversions of the relator. A meeting- of 
this kind shall be called once each month, or oftener 
if advisable, by the secretary of the Congreg-ation; 
and at it shall be present the master of the Sacred 
Palace, tog-ether w T ith six others of. the consultors 
who are each time to be chosen by the secretary 
according- to the subject matter to be discussed. 
The secretary himself shall be present and write 
down the opinions of the consultors, which he will 
then send to the Congregation of the cardinals with 
the censure prepared by the relator. 

"Finally in the general Congregation all shall be 



CONDEMNATION OF BOOKS. 117 

observed which was prescribed above for the exami- 
nation of books b} T the Congregation of the Holy 
Office; and as it is the duty of the assessor of the 
Holy Office to inform the Sovereign Pontiff of the 
acts of the Congregation, so it will pertain to the 
secretary of the Congregation of the Index, when- 
ever it judges that a book should be condemned or 
corrected, to seek the assent of the Sovereign Pon- 
tiif, and present a careful relation of all the acts in 
the matter." 

The decrees of the Sacred Congregation of the 
Index are worded as follows : 

"The Sacred Congregation of the Most Eminent 
and Most Reverend Cardinals appointed and dele- 
gated by His Holiness and the Holy Apostolic See 
over the Index of books of evil doctrine and for the 
proscription, expurgation and permission of the same 
in the universal Christian commonwealth, held in 
the Vatican palace, has condemned and condemns, 
has proscribed and proscribes, has ordered and 
orders the following works to be placed on the Index 
of books . Therefore let no one of what- 
ever grade or condition in any place or in any language 
for the future either publish, or if published, read 
or keep the aforementioned condemned works; but 
let everyone be bound to deliver them to the ordinaries 
of places or the inquisitors of heretical pravity, under 
the penalties laid down in the Index of prohibited 
books. Which bring referred to His Holiness Pope 
by me, the subscribed secretary, His Holi- 
ness approved the decree and ordered it published. 
\n testimony whereof . Given at Rome ." 

116. Pope Benedict X1Y. in the same constitution 



118 THE ROMAN COURT. 

instructs both the Congregation of the Index and the 
Holy Office, that whenever a book of a reputable and 
well-known Catholic author is found censurable, the 
censure should contain the words "prohibited until 
the book is corrected." Further, the decree should 
not be issued immediately, and while its publication 
is suspended the matter should be communicated to 
the author or to some one acting- for him.. If after a 
reasonable time the book is not corrected, the decree 
is to be published. On the other hand if the work 
is properly corrected, the decree is to be suppressed. 

Referring to the complaint that judgment is passed 
on books without giving their authors a chance to 
be heard, the Pontiff says, that, although the book 
and not the author is tried and therefore the author 
is affected only indirectly, still he wishes the Con- 
gregation to continue doing generally in the future 
what with great equity had sometimes been done in 
the past, that is, when there is question of a reput- 
able Catholic author whose book with certain cor- 
rections may be published, then the author who 
wishes to defend his cause should be heard before 
the Congregation, or one of the consultors should be 
appointed to protect and defend his work. 

The Pontiff then imposes upon all the relators, 
consultors and cardinals of the Congregation of the 
Index the same strict obligation of secrecy as is 
imposed on the Congregation of the Inquisition. 
But he gives the secretary permission to communi- 
cate to authors or their agents the animadversions 
made on their books when censured; provided that 
they keep the same law of secrecy and provided the 



& 



RULES FOR EXAMINERS. 119 

names of the denouncer and the one reporting- the 
censure are not divulged. 

It may be added that a number of the bishops of 
Germany requested the Vatican Council to enact that, 
"no censure of new books should be promulgated, 
unless the ordinary of the author has first been 
heard; because it frequently happens that without 
the publication of the censure, a retraction of the 
error can be broug-ht about if the author is of good 
will." 

117. In the same constitution, Sollicita, the 
learned Pontiff lays down certain rules which the 
relators and consultors should bear in mind when 
asked to give an opinion concerning- books denounced 
to the Congregation. "They should remember," he 
says, "that they are not supposed to procure the pro- 
scription of books by any and every means; but they 
are only to give the Sacred Congregation the reasons 
why they think the books should be proscribed or 
left without censure. 

"If the relator to whom a certain book has been 
given for examination finds that he is not capable 
of forming a judgment on it, because perhaps he is 
not sufficiently versed in the subject treated, then he 
should tell the secretary who will designate another 
relator. 

"A relator should conclude that a book' is to be 
proscribed, not because it opposes the opinions 
of the school to which he himself adheres; but only 
because it errs in a doctrine which Catholic doctors 
commonly teach must necessarily be held. Kor there 
are opinions which may appear quite certain to one 



120 THE ROMAN COURT. 

school, institute or nation, but which may neverthe- 
less be licitly abandoned and contested, for 'the rea- 
son that the Apostolic See has left them to the dis- 
putations of the schools. 

"Likewise a relator should determine his judgment 
from a diligent examination of the whole work, but 
not from some propositions taken here and there from 
the book and considered separate from the context. 
For it sometimes happens that an author may state 
in one passage an ambiguous doctrine and then in 
another part of his book professedly defend the 
sound doctrine." 

Again he notes that in some books erroneous doc- 
trines and systems are related historically and the 
authors neither refute nor profess to adhere to them. 
"They think they are not obnoxious to censure for 
this because they only relate the opinions of others. 
But such books may be very pernicious, and if the 
revisers think they are so, they may rightly con- 
clude in their opinion that the books should be pro- 
scribed or revised. Likewise they may rightly con- 
clude that a book should be condemned or revised, if 
it defames, injures or abuses opponents. 

"Finally, if the author of a book gives out his own 
opinions as dogmas and not only denounces but boldly 
censures with theological notes the opposite opinion, 
which nevertheless is sustained by some Catholic 
doctors with the knowledge of the Apostolic See, 
then the revisers may rightly judge that such license 
should be stopped; for from such works dissensions 
and disturbances may easily be excited in the 
Church." 

118. The Index, as published by apostolic author- 



RULES OF THE INDEX. 121 

ity, consists of two parts: The former contains the 
laws or decrees by which certain species of books 
are prohibited, and b}^ which various regulations 
concerning the publication and examination of books 
are prescribed; the latter is the catalogue of those 
books which have been prohibited by name. The 
ten rules of the Index, prepared by the Council of 
Trent and published by Pope Paul IV. are the fol- 
lowing: 

Rule I. "All the books which before the year 1500 
were condemned by the Sovereign Pontiffs or by 
ecumenical councils and which are not in this Index, 
are to be considered condemned as they formerly 
were." This rule does not include the ancient 
classics, nor the works of heretics of the first ages, 
such as Tertulian, Eusebius, Origin. 

Rule II. "All the books of heresiarchs, both of 
those who after the aforementioned year invented or 
started heresies, and of those who are or were heads 
or leaders of -heretics, such as Luther, £winglius, 
Calvin, Balthazar, Pacimontanus, Schwenckfeld, 
and those like them by whatever name, title or 
argument they are known, are entirely prohibited." 
This prohibition even in regard to their books which 
do not treat of religion is made "in hatred of the 
author," as it is called; that the faithful may have 
nothing whatever to do with such persons and run 
no chance of being infected. "Also the books of 
other heretics which treat of religion professedly are 
entirely condemned." Anonymous books which con- 
tain false doctrine are supposed to be written by 
heretics and are therefore forbidden. 

"But their other books which do not treat of relief- 



122 THE ROMAN COURT. 

ion, when examined and approved by Catholic theo- 
logians by order of the bishops and inquisitors, are 
permitted." "Books written in a Catholic spirit, 
both by those who afterwards fell into heresy and 
by those who after their fall have returned to the 
Church, when approved by the theological faculty of 
some Catholic university or by the General Inquisi- 
tion, maybe permitted." 

Rule III. "Translations even of ecclesiastical 
writers which have hitherto been published by con- 
demned authors, if they contain nothing" against 
sound doctrine, are permitted. Translations of the 
books of the Old Testament should be allowed only 
to learned and pious men in the judgment of the 
bishop, provided, however, that they use these trans- 
lations as explanations of the Vulg"ate edition to 
understand the Sacred Scriptures, but not as the 
sacred text. Translations of the New Testament, 
made by authors of the first class of this Index, 
(heresiarehs such as are mentioned in rule II. above) 
shall be permitted to no one, because very little good 
and much danger usually follows the reading- of such 
translations. If any annotations are attached to 
such translations as are permitted, or to the Vulgate, 
after the suspected passages have been expunged by 
the theological faculty of some Catholic university 
or by the General Inquisition, such annotations may 
be allowed to those who are allowed the transla- 
tions. On these conditions the whole volume of the 
Bible, commonly called the Vatabli Bible, or parts of 
it, may be conceded to pious and learned men. 
From the Bible of Isidore Clarius Brixianus the pre- 
face and prolegomena shall be cut out; but the text 



RULES OF THE INDEX. 123 

of it no one should consider to be the text of the Vul- 
gate edition." 

119. The Church thus endeavored to protect the 
integrity of the Bible against the continual falsifica- 
tions of heretics. The Vulgate was the authorized 
edition which anyone might have and whose use was 
recommended to all the faithful. Danger lurked in 
the numerous unauthorized and falsified translations 
which especially in the sixteenth century were sent 
into the world. As late as January 7, 1836, the 
Sacred Congregation of the Index, by decree, 
recalled to the minds of all what had been previously 
decreed, viz., that vernacular translations of the 
Bible are not to be allowed unless they are approved 
by the Apostolic See or edited with explanatory 
notes. 

Before the time of Luther's innovations the Cath- 
olic Church did not forbid the Scriptures in the vul- 
gar tongue to the laity, except in France in the 12th 
and 13th centuries, because of the Albigensian her- 
etics, who drew from them most abominable and 
seditious doctrines. It was the unheard-of system 
of private interpretation, brought in by the so-called 
reformers in disparagement of that of the Church, 
that caused her to put in general some restrictions 
to private reading - . Before Luther was heard of, no 
fewer than fifty-six editions of the Scriptures had 
appeared on the continent of Europe, not to mention 
those published m Kugland. Of these editions 
twenty-one were published in German; one in Span- 
ish; four in French; twenty-one in Italian; five in 
Flemish and four in Bohemian. The Vulgate was 
the Latin popular edition. In defense of the faith 



124 THE ROMAN COURT. 

and of the Scriptures themselves, the Council of 
Trent, because of sad experience, as it says, adopted 
the fourth rule of the Index. 

Rule IV. "Since by experience it is manifest, if 
the Holy Bible is permitted in the vulgar language 
everywhere without distinction, that more harm is 
done, because of the temerity of men, than good; in 
this respect let it be left to the judgment of the 
bishop or the inquisitors that with the advice of the 
parish priest or the confessor they may concede the 
reading in the vulgar language of the Bible trans- 
lated by Catholic authors, to those who they know 
will receive not injury but an increase of faith and 
piety; which faculty let them have in writing. But 
he who without such faculty shall presume to read 
or have such a Bible, shall not be absolved unless it 
is first handed over to the ordinary." Pope Bene- 
dict XIV. on June 15, 1757, through the Congrega- 
tion of the Index decreed that: "If such transla- 
tions of the Bible in the vulgar tongue have been 
approved by the Apostolic See or edited with notes 
taken from the Holy Fathers of the Church or from 
learned and Catholic men, they are allowed." Thus 
also the decree of the Congregation of the Index on 
January 7, 1836, says: "The vernacular transla- 
tions of the Bible are not to be permitted, unless 
they have been approved by the Apostolic See or 
edited with notes. From the decree of Bene- 
dict XIV. it seems that no permission, not even the 
bishop's, is now required to read the Bible trans- 
lated into any vulgar tongue, provided it be approved 
by the Apostolic See or be edited with notes. In 
fact common usage has rendered this permission so 



RULES OP THE INDEX. 125 

unnecessar} T , that most English-speaking people will 
be surprised to learn there ever existed a necessity 
for permission to read the Bible in the vulgar 
tongues. None was ever needed, as was said above, 
to use the Vulgate edition. 

The reigning Pontiff, Pope Leo XIII. , in Novem- 
ber, 1893, issued an encyclical, Providentissimus 
Dens, whose purpose he clearly states: "We have 
for a long time cherished the desire to give an 
impulse to the noble science of Holy Scripture, and 
to impart to biblical studies a direction suitable to 
the needs of the present day. We desire that this 
great source of Catholic revelation should be made 
abundantly accessible to the flock of Jesus Christ, 
and that especially those in Holy Orders should dis- 
play greater diligence in reading, meditating and 
explaining it." "Booksellers," the rule continues, 
"who, not having the aforementioned faculty, shall 
sell or give in any other way, Bibles written in the 
vulgar language, shall forfeit the price of the books 
to pious uses to be determined by the bishop; other- 
wise they shall be subject to punishment for the 
measure of their offense according to the judgment 
of the bishop. Regulars shall not read or buy such 
Bibles without the permission of their superiors." 

12<». Rule V. "Those books which are published 
by the work of heretical authors and which contain 
little or nothing of their own, such as lexicons, con- 
cordances, apothems, similies, indexes and such, if 
the)' contain anything which should be omitted, may 
be permitted when such parts have been cut out by 
the advice of the bishop and the inquisitor together 
with Catholic theologians." However, if such books 



126 THE ROMAN COURT. 

have been placed on the Index "until they are cor- 
rected," only the Congregation of the Index, and not 
the bishop can determine what corrections are neces- 
sary or satisfactory. The reason is, that the higher 
court always retains jurisdiction when once it has 
acted in a matter. This rule V., it seems, has never 
been observed in English-speaking countries, nor 
can it be, unless with extreme loss and inconvenience. 
121. Rule VI. "Books in the vulgar tongue which 
treat of the controversies between the Catholics and 
heretics of our time, should not be permitted indis- 
criminately; but in regard to them what is ordered 
regarding the Bible written in the vulgar tongue 
should be observed." This rule, it seems, should 
be restricted to the "controversies of our time," that 
is, of the sixteenth century when the rule was made. 
To-day it seems impossible to observe it, at least 
with us. In fact, the practice of all ages since that 
immediately following the Council of Trent, restricts 
the rule to that century. "Books which are written 
on the subject of rightly living, meditating, confess- 
ing and similar subjects, if they contain sound doc- 
trine, are not prohibited, nor are popular sermons in 
the vulgar language. If heretofore in any kingdom 
or province some books have been prohibited because 
they contain some things which it is not expedient 
should be read by all, if their authors are Catholics, 
they can be permitted by the bishop and inquisitor 
after they have been corrected." 

122. Rule VII. "Books which professedl} T treat, 
narrate or teach lascivious or obscene matters, since 
regard should be had not only for faith but also for 
morals which are easily corrupted by the reading of 



RULES OF THE INDEX. 127 

such books, are absolutely prohibited, and those who 
keep them should be severely punished by the 
bishops. But the ancient ones, written by the 
pagans, because of the elegance and propriety of 
their composition, are permitted. Children, how- 
ever, should not be allowed to read them." 

Rule VIII. "Books whose principal argument is 
good, but in which some things are inserted inci- 
dentally concerning heresy, impiety, divination or 
superstition, when expurgated by Catholic theologi- 
ans on authority of the General Inquisition, may be 
allowed. Let there be the same judgment concern- 
ing prefaces, summaries or annotations which have 
been affixed by condemned authors to books which 
are not prohibited, and hereafter let them not be 
issued except they are corrected." 

123. Rule IX. "All books and writings on geo- 
mancy, hydromaucy, aeromancy, pyromancy, ono- 
mancy, chiromancy, necromancy, or which contain 
sortilege, venehce, auguries, auspices or incantations 
of magic art, are entirely prohibited. Bishops should 
diligently see that books, treatises or indexes on 
judiciary astrolog-y are neither read nor kept, which 
dare to affirm that something will occur although it 
depends on contingencies, on successes, or chance, or 
on those actions which depend on the human will. 
But judgments and observations of nature which are 
written for the purpose of assisting navigation, 
agriculture or medicine, are permitted." 

124. Rule X. "In the publishing of books and 
other writings let what was ordered in the Council of 
Lateran under Leo X. be observed. Wherefore if 
any book is to be published in the cherished city of 



128 THE ROMAN COURT. 

Rome, let it first be examined by the vicar of the 
Sovereign Pontiff and the master of the Sacred Pal- 
ace or by persons to be deputed by His Holiness. But 
in other places such approval and examination will 
pertain to the bishop or to some one who has a 
knowledge of the book or writing- which is to be 
published and who is deputed by the bishop; it will 
pertain also to the inquisitor of heretical pravity of 
that city or diocese in which the publishing- is to be 
done. Moreover let it be approved in their handwrit- 
ing gratuitously and without delay under the pen- 
alties and censures contained in the same decree, this 
law and condition being added, that an authentic 
copy of the book to be published shall be left with 
the examiner signed by the hand of the author." 

The penalties mentioned above were excommuni- 
cation, loss of the books and fines. But this excom- 
munication was limited by Pius IX. in his constitu- 
tion, A-postoliccc Sedzs, of the year 1869, so that 
only those are anathematized who without the appro- 
bation of the ordinary print or cause to be printed 
books treating of sacred things. This censure is in 
force throughout the world. It should be noticed 
also that the examination and approbation of a book 
to be published, pertain to the ordinary, not of the 
author, but of the place of publication. Moreover 
both the examination and approval are to be given 
without an}- charge whatever and without unneces- 
sary delay. 

Approbation cannot be refused by the bishop for 
the reason that the book contains opinions different 
from those he himself holds; but only because the 
book is found to contain what is opposed to sound 



IMPRIMATUR FOR BOOKS. 129 

doctrine or g"ood morals; or because, considering- 
peculiar circumstances, it is judged that g-reat dam- 
age to the Church will be the effect of the publica- 
tion. This follows from the constitution, Sollicita, 
of Benedict XIV. An appeal will lie ag-ainst a 
bishop who unjustly refuses the necessary approba- 
tion of a book, for ag-ainst any unjust grievance an 
appeal may be taken to hig-her authority. The 
approbation, however, which the law requires, is 
not a positive, but only a negative one, couched in 
the words, "It may be printed," "There is no objec- 
tion to printing*." A positive approbation would 
imply that the bishop also assumes responsibility for 
the opinions of the author, which is neither required 
nor wise. 

The rule continues: "Those who publish manu- 
scripts, unless they have been previously examined 
and approved, the deputed Fathers think should be 
subject to the same penalties as those who print; 
and they who keep or read the manuscripts, unless 
they make known the authors, shall be considered 
the authors. The approval of such books shall be 
given in writing- and shall authentically appear in 
the beginning- of the book either written or printed; 
the approval and examination and all else shall be 
done g-ratis." 

125. "Moreover, in each city and diocese the 
houses or places where printing- is done and the 
bookstores should be visited quite often by the per- 
sons deputed for that by the bishop or his vicar; and 
also by the inquisitor of heretical pravity, in order that 
nothing- which is prohibited maybe printed or sold 
or kept. All librarians and booksellers shall keep 



130 THE ROMAN COURT. 

in their libraries an index of the books for sale with 
the signature of the aforementioned persons, nor 
shall they keep or sell or give any other books with- 
out the license of the same persons under pain of loss 
of the books and other punishment at the option of 
the bishops or inquisitors. Those who bu} r or read 
or print such books shall be punished according- to 
the will of the same persons. If people bring- any 
books into any city they are obliged to report to the 
same deputed persons; or if a public place is set 
apart for such sales, the keepers o£ such public 
market shall report to those persons that books have 
been brought in. Further let no one dare give or in 
any other way dispose of or lend anyone a book 
which he has brought into a city, unless he has first 
shown the book and obtained license from these 
deputed persons, or unless it is known generally 
that the book is permitted. Let the same be 
observed by heirs and executors of last wills, that 
they may bring to the persons deputed the books 
or a catalogue of them left by deceased persons, and 
obtain a license before they use them or transfer them 
in any way to other persons. In all and each of 
these matters let a punishment be established, either 
the loss of the books, or some other, according to the 
judgment of the bishops or inquisitors, in proportion 
to the contumacy or the fault." 

The part of rule X. of the Index which begins 
with the word "Moreover," and all of it contained in 
this our number 125, cannot be observed in English- 
speaking countries or scarcely anywhere else at the 
present time. It supposes the union of Church and 
State which existed when the rule was compiled. 



RULES IN ABEYANCE. 131 

Hence practicall} T it is in abeyance, even thougfh 
theoretically all the rules of the Index should be 
considered binding- on all the faithful. 

126. "Concerning- the books which the deputed 
Fathers have examined or corrected or g-iven to be 
corrected, or have allowed to be reprinted on certain 
conditions, whatever they have enacted, let both 
booksellers and others observe. However, bishops 
and g-eneral inquisitors, according- to the faculties 
the}- have, may prohibit also those books which by 
these laws seem to be permitted, if they judg-e this 
to be expedient in their kingdoms, provinces or dio- 
ceses. The secretary of the deputed Fathers shall, 
according- to the order of His Holiness, send to the 
notary of the Sacred Universal Inquisition the names 
both of the books which have been corrected by the 
deputed Fathers, and of those to whom they have 
assigned this work." 

"Finally to all the faithful a precept is issued 
that no one dare read or keep any books, contraiw to 
the prescription of these rules or the prohibition of 
this Index. And if anyone shall read or keep the 
books of heretics, or the writing's of any author 
which are condemned and prohibited because of 
heresy or because of the suspicion of false dog-ma, 
immediately he shall incur the sentence of excommu- 
nication. But he who shall read or keep books pro- 
hibited by another title, besides the guilt of mortal 
sin which he incurs, shall be severely punished 
according to the judgment of the bishop." 

127. The excommunication mentioned above has 
been modified by Pope Pius IX. in his constitution, 
Apostolicce Satis, so that now excommunication 



132 THE ROMAN COURT. 

specially reserved to the Pope is incurred ipso facte 
onh' by "all those who knowingly read, without the 
authority of the Apostolic See, the books of apos- 
tates and heretics, which defend heresy; or the books 
of any author which have been by name prohibited 
by apostolic letters; and also those who print, keep 
or in any way defend these same books." On which 
it may be remarked, that to be subject to this cen- 
sure one must knowingly read books — which term 
does not include papers or manuscripts — and such 
books must not only contain some heresy, but be 
written to defend heresy. Reading books written 
by infidels will not subject one to this excommuni- 
cation, even though the books contain heresy. Fur- 
ther, the books prohibited or placed on the Index by 
decrees of the Cong-relation of the Index or of the 
Holy Office are not the ones meant in the censure; 
but only those which are prohibited by apostolic 
letters, such as briefs or enclyclicals. 

128. Besides the books prohibited by the ten rules 
of the Index and those prohibited by name in apos- 
tolic letters, certain classes of books and writing's 
are forbidden, among- which may be mentioned: 
"Books which are used in heretical worship; all 
books of indulgences which are published without the 
approval of the Sacred Congregation on Indulgences; 
all ecclesiastical blessing's unless they have been 
approved by the Sacred Congregation of Rites. 
Further, no litanies except the most ancient and 
common ones which are found in breviaries, missals, 
pontificals and rituals and except the litany of the 
Blessed Virg-in Mary which is sung - in the house of 
Loretto, shall be published without the revision 



OTHER PROHIBITIONS. 133 

and approbation of the ordinary, nor shall they be 
publicl}^ recited in churches, public oratories or pro- 
cessions, without the license and approbation of the 
Sacred Congregation of Rites; however, in the year 
1862 the public recitation of the litany of the Holy 
Name of Jesus was authorized for certain dioceses, 
provided it be recited in Latin. 

129. In the Vatican Council of 1870 many petitions 
were presented by bishops of France, Germany and 
Italy praying- that the rules of the Index 
mig-ht be amended. They asked, "that the rules of 
the Index, which partly in mixed reg-ions could never 
be observed at all, and partly on account of the 
entirely changed state of human society, especially in 
literary affairs, at the present time can be observed 
scarcely anywhere, and therefore give rise to many 
anxieties of conscience and doubts of confessors, may 
be submitted to revision and republication." 

No action, however, was taken in the matter be- 
fore the interruption of the council, and in the mean- 
time it must be held that the rules of the Index and 
the decrees of the Sacred Congregation are both 
directive and obligatory in every place on all the 
faithful, so that all are obliged to obey them, unless 
a moral impossibility prevents, or the tolerance of the 
Holy See, because' of the times, allows the rigor of 
the law to be somewhat relaxed. 

No Catholic can doubt the right of the Sovereign 
Pontiff to proscribe and interdict dangerous books, 
and, as a matter of fact, various Roman Pontiffs 
have from time to time declared the laws of the Index 
binding on all the faithful. Thus Benedict XIV. in 
his constitution, .Qkc ad Calholica\ of the year 1757, 



134 THE ROMAN COURT. 

decreed that, "these rules should be inviolably- 
observed everywhere by all and everyone, notwith- 
standing usage, writings and customs, even imme- 
morable, or anything else to the contrary." Again 
in his encyclical letter of March 8, 1844, Pope Greg- 
ory XVI. declares that, "the general rules and 
decrees which are prefixed to the Index of prohibited 
books must be observed, and therefore the faithful 
must avoid not only those books which by name are 
placed on the Index, but also those which are men- 
tioned in the aforesaid g-eneral prescriptions." 
Finallv in the last edition of the Index published in 
Rome in 1877 by order of Pope Pius IX., and under 
care of the secretary of the Congregation, the follow- 
ing- was inserted: "Both the rules of the Index, 
edited by order of the Holy Council of Trent, and 
the other subsequent additions, remain firm and in 
full force, only those points excepted which do not 
agree with the articles of the constitution, Af>os- 
iolicce Sedis." These modifications were pointed 
out above, and regard the censures for reading- or 
printing- certain books. 

130. Thus it will be seen that the rules of the 
Index and the decrees of the Sacred Congregation 
are in themselves of obligation everywhere through- 
out the Church. If some of them are not every- 
where observed, it is owing to the times in which we 
live and the circumstances whereby we are sur- 
rounded, which render such observance morally 
impossible. Thus in English-speaking countries 
rules five, six and eig'ht seem to be in abeyance as 
positive law. Nor is it to be supposed that a few are 
obliged with great inconvenience to observe a posi- 



OBLIGATION OF THE INDEX. 135 

tive law or parts of it, when the vast majority neglect 
or claim exemption from its obligation. 

But since books are prohibited by the Index 
chiefly because they are pernicious and the immediate 
occasion of perversion or of sin, and since by natural 
law everyone is obliged to avoid such a danger, it 
follows that, even though all the rules of the Index 
are not observed, nevertheless the reading- of books 
placed on the Index is prohibited under pain of 
mortal sin at least in general. Thus, not even with 
the express permission of the Apostolic See can a 
book be read which one knows will be the occasion 
of one's perversion. On the same principle news- 
papers may be even more dangerous and pernicious 
to faith and morals than books; and therefore how- 
ever silent positive law may be regarding them, the 
natural law forbids the printing" and reading of 
immoral and infidel papers. 

131. The Congregation of the Index was insti- 
tuted for the purpose of aiding the enforcement of 
the natural law by warding off dang-er from the 
faithful, which might come through evil or dangerous 
books. Books may be dangerous to some and not to 
others. The positive law of the Index binds all, 
even priests, bishops and the cardinals themselves 
who are members of the Congregation. But since 
what may be dangerous in general, may not be dan- 
gerous to some particular persons, and since it may 
be necessary or advisable for some of these persons 
i<> read prohibited l)<><>k->, license or faculty for that 
purpose may be obtained from the Sovereign Pontiff 
or the Congregation of the Index. Bishops cannot 
grant such permission unless they have delegated 



136 THE ROMAN COURT. 

jurisdiction for the purpose; because the law of the 
Index is a pontifical law, from which dispensation 
can be granted by no one inferior to the Sovereign 
Pontiffs who prescribe its observance. This is 
expressly decreed by Urban VIII. in his constitu- 
tion Apostolatus Officium, and by Julius III. in his 
constitution Cum meditatio Cordis. 

132. While the Apostolic See claims and exercises 
the right of proscribing certain books, still it does 
not follow that no one else may point out dang-erous 
books. The Apostolic See does this with plenary 
authority; others may do the same by way of advice 
or through delegated authority, if necessity or pru- 
dence dictates such action. "For, ' T as Zaccaria says 
in his work, Storia Polemica dalle prohibiiioni de 
libri, "as soon as a work appears in public every 
learned man has the right to express his opinion con- 
cerning it. He may censure it, but his censure is a 
private one." 

Public censure of a book supposes jurisdiction in 
the external forum of the Church. Hence parish 
priests, who have jurisdiction only in the internal 
forum, have no authority to publicly prohibit any 
book, though they may announce the prohibitions 
made by proper authority. Neither have univer- 
versities or their doctors; for although the celebrated 
Gerson, chancellor of the Sarbonne, claimed that 
doctors and licentiates have such power, ^accaria 
wisely says: "John Gerson, in his treatise, On the 
Examination of Doetrines, extols too highly the 
power of licentiates and doctors in theology, when 
he contends that by the Apostolic See it has been 
granted them that in every place they may read, 



WHO MAY CENSURE BOOKS. 137 

dispute, teach and -prohibit bad books; although he 
confesses that this power of theirs is subject to the 
immediate bishops and for a just cause may be 
impeded by them. For the faculty which the said 
laureates receive from the chancellor, at most makes 
them apt so that they may be chosen and deputed by 
the pastors of the Church, that is, the bishops, as 
examiners and consul tors in regard to books and 
propositions; but by their degree they are not made 
pastors with whom alone resides the authoritative 
and authentic power of condemning- books." 

133. For the same reason prelates of religious 
orders, if they are not bishops, have no authority to 
prohibit books as judges of faith; although their pro- 
hibitions regarding books are truty obligatory in 
conscience on their subjects by virtue of religious 
obedience. 

But bishops, because they have been placed by 
the Holy Ghost to rule the Church of God, have 
power to prohibit books, papers and other writings, 
each in his own diocese. "Still it is nearly always 
expedient not to use this power," as Zaccaria tries 
to show. The bishop has ordinary jurisdiction in 
his diocese; he is the judge of faith, not indeed in- 
fallible, but as it were in the first instance, and on 
him, as a true and properly called pastor, it is incum- 
bent to ward off everything hurtful from the sheep 
committed to him. Hence from this it follows that 
he has the power of prohibiting the reading and 
printing of noxious books. 

"That it is nearly always expedient not to use 
this power," Zaccaria tries to show by saying - : 
"The prohibitions of books pronounced by particular 



138 THE ROMAN COURT. 

bishops bring" along" a twofold inconvenience; the one 
is, that such prohibitions have no weight outside 
their own dioceses; the other, that even in their own 
dioceses they have not full and absolute force. For, 
since bishops, althoug-h judges of faith, are never- 
theless fallible, such prohibitions pronounced by 
them are easity liable to contradictions and lawsuits. 
This especially happens when bishops prohibit books 
because of propositions related to errors already 
condemned, but which propositions are still tolerated 
in the whole Church and seem capable of being- 
defended somewhat licitly." 

134. But on the other hand, the tenth rule of the 
Index explicitly g-ives bishops the faculty of prohib- 
iting- books in their dioceses, if they judg-e it expe- 
dient; and it further expresses reliance on the 
bishops that they will see to the observance of the 
prescriptions of the Index by punishing - those who 
violate them. In the present century also, on March 
26, 1825, Pope Leo XII. issued an instruction, which 
is placed after the rules of the Index, asking- 
all patriarchs, archbishops and bishops, "that, 
because it is quite impossible to place on the Index 
all the noxious books which are incessantly issued, 
they should endeavor to take them out of the hands 
of the faithful by their own authority, and that the 
faithful themselves should be taug-ht by them what 
kind of food they should deem salutary for them- 
selves and what kind noxious and deadly." 

This latter clause indeed seems necessary in the 
present circumstances; for, with absolute liberty of 
the press, and with mixed communities such as 
inhabit nearly all Engdish-speaking- countries, with, 



INDEX NOT INFALLIBLE. 139 

moreover, the universal habit and desire of people to 
spend much time in reading-, it seems impossible to 
do much better than thoroughly instruct the faith- 
ful in regard to the kind of mental food they should 
seek, and the kind they should avoid. For the 
immense number of books of every nature renders an 
authoritative judgment on them impossible. 

135. The decrees issued by the Sacred Congrega- 
tion of the Index are mostly disciplinary. They 
prohibit the reading- or printing- or keeping of cer- 
tain books, because either they are bad in themselves 
or on account of circumstances are considered dan- 
gerous. But while proscribing books, the Cong-re- 
gation does not expressly define that such or such a 
proposition is to be held or rejected. 

Moreover the prohibitions of books made by the 
Congregation of the Index are not infallible, so that 
it can happen that a book is prohibited which is 
neither bad nor hurtful and therefore should not be 
prohibited. Such a case, however, is rare, but the 
possibility of it occurring does not remove the obli- 
gation of obedience on the part of the faithful; for 
the general good demands, and the natural law 
exacts, that the prohibitions of legitimate authority 
should be obligatory even when by error something 
is prohibited as bad or noxious which really is not 
such. Concerning this case St. Ligouri says: "We 
Confess indeed that in the condemnation of books, 
errors and frauds may intervene, as in all other 
human judgments, but what then? Is therefore 
Legitimate authority to be disobeyed? Thisone con- 
clusion only can thence be drawn, namely, that 
honest and experienced censors should be selected." 



CHAPTER IV. 

THE CONGREGATION ON STUDIES. 

136. Since the Church has the rig-tit of exercising* 
vig-ilance over the literary and scientific instruction 
of the faithful, especially in order that youth may 
not incautiously be imbued with errors ag-ainst faith 
and morals, and since chiefly in sacred matters she 
should have a great care that truth and purity of 
faith be not depraved; rig-htly has she claimed the 
office and duty of directing' and reg-ulating- the pro- 
vince of studies, and wisely has she instituted a 
special Congregation for this purpose. 

Because the Congregation on Studies tends to pre- 
serve the faith and g-uard the faithful ag-ainst 
relig-ious error, it may be grouped with the Cong-re- 
g-ations of the Inquisition and the Index, and be 
treated before the Congregations which have been 
established for the gfuidance of Catholic worship and 
the preservation of ecclesiastical discipline. 

137. The Church has not received a divine com- 
mission to teach science and literature; but she has 
received a broad and unlimited commission from 
Jesus Christ to preach the Gospel to every creature 
and to teach men to observe whatsoever he has cora- 

1-40 



ORIGIN OF UNIVERSITIES. 141 

manded. While, therefore, she should keep strictly 
within her commission, nevertheless she has not only 
the right but the duty to use the most advantageous 
means for the spreading- of the Gospel and the incul- 
cation of divine faith in individual souls. Knowl- 
edge is a preparation for faith, and correct informa- 
tion removes many obstacles which prevent people 
from believing. Hence we find that when studies 
were dormant, if not dead, throughout Europe after 
the inroads of the barbarians, the Church appointed 
a teacher in all cathedral churches, and founded 
and nourished schools both in chapters and in mon- 
asteries. 

138. Out of these schools grew other schools, each 
renowned for its specialty in the sciences and all 
noted for a spirit of practical liberty and independ- 
ence. The cathedral and monastic schools were 
under the immediate and absolute control of the 
bishop or of the abbot, but the later specialized 
schools of law, of medicine, of philosophy and of theo- 
logy soon became self-governed corporations. Thus 
by the process of evolution, the early monastic and 
cathedral schools developed into celebrated univer- 
sities. Salerno, noted for medicine, Bologna, for 
law, Paris, for philosophy and theology, as well as 
( Oxford, had this origin. 

The Church did not found these early universi- 
ties, but she blessed and approved them. Democratic 
in their tendency, Liberal in their spirit, it required 
the strength of papal recognition to give them and 
their degrees universal endorsement, not only in the 
communes and free cities, but also at the courts of 



142 THE ROMAN COURT. 

king's. The earliest documents coming - from the 
Holy See in recognition of these universities suppose 
them to have been long- in existence, and are not 
charters of foundation. 

139. While, however, the Church did not found 
directly these early universities, still in many 
respects they retained the ecclesiastical character of 
the schools from which they were evolved. For the 
rector and chief officers were clerics; the costume of 
the masters and students was clerical; degrees were 
granted by apostolic authority after a profession of 
faith by the candidate; the doctor's graduation took 
place in the church and was followed usually b}^ a 
Mass of thanksg-iving- and the solemn singing - of the 
Te Deum 

Ag-ain, when the Holy See approved these univer- 
sities and granted them special privileg-es and ex- 
emptions, it obtained thereby, and exercised immedi- 
ate jurisdiction over them, through a chancellor 
specially appointed to grant degrees and to govern 
conjointly with the various faculties. The older 
universities, because of their numerous and peculiar 
privileges, had also special conservators of pontifical 
privileges, whose chief duty was to defend in the 
name of the university these privileges and exemp- 
tions granted by the Holy See, whenever any 
encroachment was threatened by the civil or the 
local ecclesiastical authority. 

Moreover, universities were often consulted by 
bishops and Popes, and as corporate bodies they 
were allowed to sit and vote in ecumenical as well as 
in provincial councils. They had also the rig-ht of 
censuring (but not of prohibiting-) books, especially 



UNIVERSITY DEGREES. 143 

of their own members, and some had the right of 
inquisition against heresy. 

140. The later universities were not evolutions or 
spontaneous growths like Oxford, Paris, Salerno and 
Bologna, but they were direct foundations. As they 
arose, they always sought the approbation of the 
Apostolic See, and from it received their constitu- 
tions and a chancellor. The Pope was for them all 
the supreme arbiter in important matters as well as 
a referee in questions of lesser moment. A special 
tie thus bound them to the Holy See. Before the 
Reformation there were in Europe sixty-six univer- 
sities, sixteen of which belonged to Germany, all 
due, if not to the direct foundation, at least to the 
approval and encouragement of the Roman Pontiffs. 

Protestantism took away from the Holy See the 
control of the universities in all countries which for- 
sook the unit} 7 of faith; but after recovering from the 
shock of the Reformation and the ravages of the 
bloody wars which it entailed, the Church set about 
the re-establishment of her cherished institutions and 
powerful auxiliaries. Not to speak of the numerous 
theological seminaries established in and out of 
Rome in consequence of the Council of Trent, there 
were thirty universities founded lyy the Church in 
various parts of Europe between the years 1552 and 
1834; and since this latter date there must be added 
to the number, the universities of Lille, Paris, Lyon, 
Aligns, Priborg, Ottawa, Laval, Washington. 

141. The Congregation for Studies was instituted 
by Pope Sixtus V. in the year 1587 that there might 
be a competent tribunal for the settlement of all 
questions which might be referred to the Apostolic 



144 THE ROMAN COURT. 

See by these universities regarding their rights, 
privileges, exemptions; and that through it at the 
same time new institutions of learning- might be 
founded throughout the Christian world which might 
greatly assist in the work of stemming the tide of 
heresy and infidelity and of spreading- the true doc- 
trine of Christ. The Congreg-ation is composed of 
twenty-six cardinals, one of whom is its prefect, and 
it has a secretary chosen from the Roman prelates. 

Eleven consultors and six officials are attached to 
it. These officials are not clerics. Its office at the 
present time is number 8 Via S. Apollinare. 

The power of this Congregation was very great, 
especially in the pontifical states, as we learn from 
the constitution of Leo XII. Jgjiod divina saf>ientia\ 
and on it all universities depended. But with the 
changed conditions of our times, the chief work of 
the Congregation is to examine and approve the 
establishment of new Catholic universities in various 
reg-ions, and formulate constitutions and rules for 
them in regard to the establishment of chairs and the 
conferring- of academic degrees. Questions, also, 
which may arise respecting- the privileg-es of Catho- 
lic universities already existing are referred to this 
Congregation for examination and settlement. 

Thus if a complaint were made that a Catholic 
university was conferring degrees on ignorant or 
unworthy men, such complaint would be referred to 
the Congregation on Studies. By a Catholic univer- 
sity is meant one which confers degrees by apostolic 
authority. Universities which are Catholic in name, 
but confer degrees only by state or civil authority, 
are not amenable to this Congregation and may give 



UNIVERSITY DEGREES. 145 

their honorary degrees, as they sometimes do, to in- 
competent men without any other punishment than 
that which arises from the well-directed disgust of 
the educated classes. Degrees conferred by any 
other than apostolic authority are not recogmized by 
the Church, and laureates of that kind are not 
entitled to any canonical privileg-es. 



CHAPTER V. 

THE CONGREGATION OF RITES. 

142. Worship is the expression of faith; and as 
faith should be exact and sure, so should the external 
acts by which it is professed be strictly in accord 
with what we are obliged to believe. Hence the 
Church has always been careful of her rites and cer- 
emonies, and jealously has warded off all attempts 
by private persons to attach their peculiar ideas to 
her public worship. Still with all her care, the 
Council of Trent found it advisable to recommend to 
the Sovereign Pontiff a reformation of ecclesiastical 
ceremonies and sacred rites. Acceding- to this 
request, Pope Sixtus V. in the oft-quoted constitu- 
tion, Immensa, of January 22, 1587, instituted a 
special Congregation of cardinals which was called 
the Sacred Congreg-ation of Rites. 

143. The Pontiff himself expresses the office and 
work intended for this Cong*reg"ation when he says: 
"We have chosen some cardinals, whose care it shall 
be to see that the ancient sacred rites are diligently 
observed. by all persons everywhere, in all churches 
of the city and the world, even in our pontifical 
chapel, in Masses, divine offices, the administration 
of the sacraments and other thing-s pertaining" to 
divine worship; to see that ceremonies are restored 
if they have been neglected, that they are reformed 



WORK OF CONGREGATION. 147 

if they have been depraved; further, they are to 
reform and amend, if need be, books on sacred rites 
and ceremonies, especially the pontifical, ritual and 
ceremonial; the} 7 are to examine the divine offices of 
saints, and, We being- first consulted, they may grant 
them. Likewise they are to exercise dilig-ent care in 
reg-ard to the canonization of saints and the celebra- 
tion of feast days, that all may be done rig-htly and 
religiously and according- to the tradition of the 
Fathers; they are also to take thoug-ht and sedu- 
lously provide that king-s and princes and their rep- 
resentatives and other persons, also ecclesiastics, 
coming to the city and the Roman Court, shall be 
received honorably in the manner of our predecessors, 
for the sake of the dig-nity and benig-nity of the 
Apostolic See. Moreover they shall consider, sum- 
marily terminate and settle all controversies concern- 
ing- precedence in processions and elsewhere, as well 
as all other difficulties of this kind incident to rites 
and ceremonies." The work therefore of this Con- 
greg-ation is twofold, first in reg-ard to causes of 
beatification and canonization; then in reg-ard to all 
other things which concern rites, ceremonies and 
divine worship. But, although it participates in 
discussing causes of beatification and canonization, 
still its office is not to decree beatification or canoni- 
zation. This decree the Sovereign Pontiff himself 
issues in Consistory, having- first heard the opinion of 
all the cardinals and bishops present in Rome. 

144. As the work of the Congregation of Rites is 
twofold, so is the Congregation itself twofold; the 
one called the ordinary for sacred rites and for decid- 
ing- controversies of precedence; the other called the 



148 THE ROMAN COURT. 

extraordinary for the canonization or beatification of 
saints. To both the same cardinals are assigned by 
the Sovereign Pontiff; but the prelates and inferior 
officials are not all the same. The number of cardi- 
nals belonging to the Congregation is not definite, 
but depends on the reigning- Pontiff. At present 
thirt} r -five cardinals are assigned to it, sixteen of 
them being bishops of residential sees. One of the 
resident cardinals is chosen prefect by the Holy 
Father, and the secretary is taken from the prelates 
of the Court, as is also an ecclesiastic, who fills the 
office of fiscal promoter and is called the promoter 
of the faith. He has an assistant who is called the 
assessor, or sub-promoter of the faith. There is 
also a chancellor, not a cleric, and a hymnographer, 
whose duty it is to arrange and correct the offices of 
saints and other such matters. Moreover there are 
thirty-one consultors appointed for this Congrega- 
tion, among whom certain ones are ex-officio con- 
sultors and are therefore called prelate officials. 
They are the sacristan of the Pope, the master of 
the apostolic palace, the three senior auditors of the 
Rota, the pontifical auditor, the assessor of the Holy 
Office, and one of the participating protonotaries 
apostolic. The other consultors are chosen from 
both the secular and the regular clergy; those from 
the regular clergy being taken, one from the 
Dominicans, one from the Minor Observants, one 
from the Society of Jesus, one from the Minor Con- 
ventuals, one from the congregation of Regular 
Barnabite Clerics, one from the Redemptorists, and 
one from the order of Servants of the Blessed Virgin 
Mary. The first and second master of apostolic 



OFFICIALS OF CONGREGATION. 149 

ceremonies also assist, and sometimes when there is 
question of sacred rites their vote is requested. 

145. The method of proceeding- in the ordinary 
Congreg-ation is diiferent from that of the extraor- 
dinar}\ In the ordinary Congreg-ation the causes 
are prepared in writing-, in folio as it is called, and 
some da} T s before the meeting - printed copies of the 
cause are distributed to the cardinals. The Con- 
gregation being- gathered in the apostolic palace, the 
cardinal who was appointed to propose the cause, 
and who is called the proponent, states the case. 
Only the cardinals have a vote, but the others reply 
to questions. When a decision or resolution has 
been reached the secretary refers the matter to the 
Sovereig-n Pontiff, and if he approves it, a decree in 
authentic form is drawn up, subscribed by the car- 
dinal-prefect and the secretary and fortified by the 
seal of the Congreg-ation. 

146. In this ordinary Congregation two kinds of 
business are transacted; the one in a gracious and 
pacific way, the other by way of contest between 
Litigants. By the pacific method the Congreg-ation 
watches that the ancient sacred rites are observed by 
all persons everywhere in all churches of the city 
and the world, even in the pontifical chapel, in 
Masses, divine offices, the' administration of the sac- 
raments and other things pertaining" to divine wor- 
ship; ceremonies are approved or reformed, books 
treating on them are amended if need be, and the 
proper observance of feast days is regulated. More- 
over questions and doubts concerning any of the 
aforesaid matters or concerning the meaning- of the 
rubrics are resolved by the ordinary Congregation 



150 THE ROMAN COURT. 

either of its own motion or in answer to a petition. 
It also approves offices and Masses proper to saints 
and arranges the changes of offices from a lower to 
a higher rite and transfers of feasts from one day to 
another. Finally to this Congregation belongs the 
dut} T of examining and approving- the business of 
choosing some saint as the heavenly protector of 
countries, cities and towns when application is made 
to the Holy See for the purpose. 

It happens at times that the Sovereign Pontiff 
orders some matter to be examined not by all but 
oiTl\ T by some of the cardinals of the Congregation; 
and this is to be done without am T of the consultors 
or with only some of them. Such a Congregation or 
commission is called a particular one. At it the sec- 
retary and promoter of the faith are always present. 

147. By the contentious method of procedure the 
Sacred Congregation hears and determines questions 
between parties contending in the matter of preced- 
ence and pre-eminence in processions and other sacred 
functions, or in honorary acts and ecclesiastical 
gatherings, whether these questions arise between 
seculars and regulars or between secular and regular 
chapters or finally between the dignitaries and the 
members of the same chapter. Thus also it deter- 
mines the respective rights of parish priests and lay 
confraternities and decides questions regarding the 
establishment of new confraternities. 

In treating and deciding all these questions the 
Congregation uses the summary or extra-judicial 
process, after first receiving and hearing extra-judi- 
cial information from the ordinaries or the regular 
superiors of the contestants as the nature of the 



METHOD OF PROCEEDING. 151 

cause demands. All these causes are decided with- 
out any charge or cost whatever, at least such is the 
law. The office of the Congregation of Rites is in 
the Palazzo della Concellaria Apostolica. 

148. The extraordinary Congregation is not held 
except in regard to causes of beatification and can- 
onization, to deliberate either on the virtues, the 
miracles or the martyrdom of a servant of God, or in 
regard to the question whether proceedings can 
safety be taken for beatification or canonization. 
When such a cause is to be examined, the cardinal 
who proposes or has charge of it, is called the pro- 
ponent or relator. The Sovereign Pontiff himself, 
according to Benedict XIV., De Beatificatione, is the 
one who commits the cause for report to one or 
another cardinal as he judges best. This is in 
accordance with a decree issued on February 25, 
1665, id these words: "Our Most Holy Father, 
Pope Alexander VII., in a gracious audience held hy 
His Holiness, signified to me as secretary, that it is 
the mind of His Holiness that hereafter in each cause 
of beatification and canonization of the blessed or 
the servants of God, he himself will depute and 
choose for relator some cardinal whom he thinks 
proper, and he orders that it be so done and observed 
for the future." 

In nnothcr decree, under date of May 11, 1733, 
Clement XII. orders, "that when the causes of any 
beatified or servant of ( rod, who when alive belonged 
to some order or religious congregation, are treated, 
the consul tors who are of that order or congregation 
shall not be present at any Congregations, either 
ante-preparatory and preparatory or the general one 



152 THE ROMAN COURT. 

before His Holiness; excepting- always persons in 
episcopal dignity and the master of the apostolic 
palace. 

149. The ante-preparatory extraordinary Congre- 
gation is convened in the house of the cardiual-rela- 
tor when he judges it opportune; and at it are pres- 
ent the consultors of the Sacred Congregation and 
the masters of ceremonies. The consultors vote in 
this meeting", but the cardinal himself does not. In 
it one cause of beatification or canonization is dis- 
cussed, either on the question of virtues or of mar- 
tyrdom, or on the question of miracles performed. 
There is no mention of this ante-preparatory meeting 
in the decrees of Urban VIII. or of Innocent XI., 
because it was instituted after their time, in order 
that the mind of the cardinal-relator mig-ht be in- 
formed and that he, hearing- the opinions of the con- 
sultors, mig-ht have the merits and difficulties of the 
cause thoroughly mastered. 

The preparatory Congregation, of which mention 
is made in the g-eneral decrees of Urban VIII. is 
convened at the option of the cardinal-relator in the 
apostolic palace in which the Pope resides; and at it 
are present all the cardinals assig-ned to the Congre- 
g-ation of Sacred Rites, the consultors and masters 
of ceremonies. A vote is given only by the consul- 
tors and not by the cardinals. For as the ante-pre- 
paratory meeting- is held that the mind of the cardi- 
nal-relator may be informed, so the preparatory 
Congreg-ation is held to inform the minds of all the 
cardinals who are later oblig-ed to announce their 
opinion and g-ive their vote in the general Congreg-a- 
tion. 



GREAT CARE MANIFESTED. 153 

Afterwards the general Congregation ' is held 
before the Sovereign Pontiff; and in it a vote is first 
given by the consultors, then by the cardinals, either 
on the virtues, the miracles, the martyrdom of the 
servant of God, or on the final question whether in 
this or that cause they can safely proceed with the 
beatification or canonization. Such a general Con- 
gregation is held at most only twice a year and in 
each, as a rule, only one cause is discussed. 

150. Extreme care is taken in the matter of beati- 
fication and canonization, and the Congregation may 
be said to assume the form of a contentious tribunal. 
For it prepares a process, which is called apostolic, 
and examines witnesses before delegated judges and 
a notary who narrates all the proceeding's and testi- 
mony. Furthermore the promoter of the faith is 
present and performs the duty of fiscal procurator, 
preparing interrogatories and watching that the 
whole process be rightly completed. The aid and 
advice of experienced men is also obtained, who 
under oath give an opinion whether the works which 
are advanced by the postulator as miracles are really 
supernatural and cannot in any way be produced by 
the powers of nature. Then the promoter of the 
faith officially proposes difficulties and arguments 
either of law or of fact; and if these difficulties and 
arguments are not satisfactorily answered the pro- 
cess is suspended. If, however, the process seems 
properly completed, then it is turned over to the car- 
dinal-relator who at his option calls the first or ante- 
preparatory meeting. 

151. The consultors of the Congregation of Rites 
cannot assume to act. as postulators in any cause of 



154 THE ROMAN COURT. 

beatification or canonization. Their work and duty 
is to carefully read all informations, summaries, 
writings of fact and law, animadversions of the pro- 
motor of the faith, as well as the replies thereto and 
replications. They are obliged to hear the verbal 
informations of the procurators, advocates and pos- 
tulators. They are also obliged on appointed days 
to attend the Congregations, and in them give their 
votes. When voting in the ante-preparatory and 
preparatory Congregations they remain seated; but 
when voting in the general Congregation before the 
Sovereign Pontiff they stand. Their vote is consul- 
tive, not definitive. After all the consultors have 
given their votes they leave the hall of the Congrega- 
tion, only the cardinals of the Congregation, the 
secretary, the promoter of the faith and the masters 
of ceremonies remaining with the Pontiff. 

152. All who participate in the extraordinary 
Congregation are obliged to strict secrecy in regard 
to everything that occurs in or is brought before the 
Congregation, not only in the general, but also in 
the preparatory and ante-preparatory meetings. 
This obligation is so strict that breaking it entails 
excommunication ipso facto, from which no one but 
the Pope, not even the major penitentiary, can 
absolve except in danger of death. Everyone who 
participates in the meetings of the Congregation is 
under this obligation, so that the cardinals, the con- 
sultors, the secretary, the promoter of the faith, the 
three aforementioned auditors of the Rota and the 
masters of ceremonies cannot speak except among 
themselves of any of the matters which regard beat- 
ification or canonization. 



OATH OF SECRECY. 155 

Each cardinal, however, is allowed the assistance 
of two of his familiars for reading* and studying- the 
causes; and likewise each auditor of the Rota can 
have the help of one assistant in his work which 
pertains to causes of beatification and canonization; 
but all these assistants are bound by the same obli- 
gation of secrecy as the members of the Cong-reg-a- 
tion. The consultors, except by special concession 
of the Pontiff, are not allowed an assistant, but are 
bound to read and study the causes by themselves. 
In the same way no member of the Cong-reg-ation is 
allowed to receive an}^ communication regarding- the 
causes before it, and if any should come to him he 
must turn it over to the secretary. 

153. The form of oath taken by the cardinals and 
other members of the Congregation of Rites is as 
follows : "We, the subscribed cardinals of the Holy 
Roman Church, of the Cong-reg-ation of Sacred 
Rites, touching the Holy Gospels placed before us, 
swear and promise to faithfully exercise our office in 
those matters which are proposed in the Cong-reg-a- 
tions to be held before His Holiness, and not to 
reveal or converse, except with other cardinals of the 
said Congregation, with the three senior auditors of 
the Rota, with the consultors and officials of the 
aforesaid Congregation, and with two familiars to 
be deputed by each one of us, on those thing's which 
shall occur or be treated, not only in causes pertain- 
ing to the said Congregation but also in others not 
pertaining to it, in the said Congregation before His 
Holiness, OH the occasion of a discussion concerning- 
the affairs of mag-nates, of religious orders or other 
grave matters occurring-, under pain of perjury and 



156 THE ROMAN COURT. 

excommunication ipso facto, from which we can be 
absolved by no one except the Sovereign Pontiff, not 
even by the major penitentiary, unless in the article 
of death; and under the same pain of perjury and 
excommunication mentioned above, we likewise 
swear and promise that if by letter or by word of 
mouth or through the agency of any person, com- 
mendations shall be made to us by anyone, no mat- 
ter of what dignity or prominence, in regard to 
causes which are to be treated in the same Congre- 
gations, we shall not knowingly open the letters, but 
closed and sealed we shall order them to be given to 
the secretary of the said Congregation; but if it 
should happen that we, not knowing the contents of 
said letters, should open and read them, if they con- 
tain only such commendations we shall likewise 
transmit them to the same secretary; but if the let- 
ters treat other matters, we shall order those parts 
to be transcribed which contain the said commenda- 
tions, giving the date, place and signature of him 
who sent the commendation, which transcript we 
shall send to the aforementioned secretary; further, 
to such letters we shall not reply except by order of 
the said Congregation; and at least in the act of 
voting we shall mention by whom the cause may 
have been commended to us. And thus we, the 
aforementioned cardinals (consultors ct alii) promise 
and swear. So may God and these Holy Gospels 
help us." 

154. Great care is taken in regard to the whole 
process of canonization. The Holy See does not 
begin the cause of beatification of the servants of 
God unless fame of their sanctity precedes, and is 



PRELIMINARY PROCESS. 157 

proved by juridical process. "By fame of sanctity," 
says Benedict XIV., "is meant a common opinion 
concerning- the integrity of life and the virtues 
practiced by the servant of God, not in an ordinary 
way but by continual acts above the manner of life 
of other good people; further it includes a report of 
miracles obtained from God throug-h his intercession; 
so that, devotion being 1 conceived for him at least in 
one place, he is invoked by many and is considered 
worthy to be placed by the Apostolic See in the cat- 
alogue of the Blessed or the Saints." 

When the fame of sanctity and miracles is suffi- 
ciently proved, the Holy See orders that the decree 
of non-worship be carefully observed. This means 
that no act of public worship or anything- that may 
mislead the people can be tolerated until the proper 
decree declaring- the servant of God beatified or a 
saint has been issued. Then an examination of the 
doctrine of the servant of God is begun. All writ- 
ing's left by him are examined to ascertain whether 
anything- ag-ainst Christian prudence or the teaching- 
of the Church appears in them; but this examina- 
tion, if nothing- is found objectionable, g-ives only a 
negative approval of his writing's, to the effect, 
namely, that nothing in them interferes with pro- 
ceeding- to his beatification. 

All this being done, the introduction of the cause 
is allowed by the signing of the commission, or in 
other words, the Sovereign Pontiff having- admitted 
and signed the supplication offered him by the pOS- 
tulators of the cause, imparts to the Sacred Con- 
gregation of Kites the faculty of proceeding in the 
cause of beatification. By this introduction of the 



158 THE ROMAN COURT. 

cause the servant of God receives the title of "Vener- 
able." 

155. The commission having - been signed, a new 
process is begun by authority of the Congregation of 
Rites, and the taking of testimony for it is usually 
delegated to three bishops of the vicinity interested. 
First, inquiry is made juridically in regard to the 
fame of sanctity and non-worship. Then follows an 
examination of virtues, whether the servant of God 
practiced the theological and moral virtues in an 
heroic degree, for this is the foundation of sanctity. 
After this there is an examination of miracles, 
whether they are of such a nature and wrought in 
such circumstances that they can be ascribed to no 
other cause than true sanctity confirmed of God by 
these signs. Several miracles are required for beat- 
ification, though the exact number is not specified. 

The ante-preparatory and preparatory meeting's of 
the Congregation of Rites having - been held on these 
matters, as stated above, the extraordinary g-eneral 
Congregation in the presence of the Sovereign Pon- 
tiff deliberates whether beatification can safebv be 
declared. If the conclusion is favorable, the Pontiff 
appoints a day for celebrating- the solemnity of beat- 
ification, which according to a decree of Alexander 
VII. is to take place first in the Vatican basilica. 
Thereafter in certain specified places public worship 
with restrictions is accorded the beatified. 

Beatification is therefore a decree which permits 
that a servant of God may be honored by public 
worship in a certain province. The solemnity of 
beatification consists in the reading of this decree, in 
uncovering the images of the servant of God and in 



CANONIZATION OF SAINTS. 159 

reciting- a collect, incensing- the imag-e of the beatified 
and celebrating Mass. However the faculty of hold- 
ftig- public worship which is given by this decree is 
limited not only as to place but also as to the manner 
of this worship, for the beatified are not honored 
like the saints. Unless an express indult is obtained, 
the names of those beatified are not inserted in the 
common martyrolog}^ nor in the litany of the saints; 
neither can the beatified be chosen as patrons, nor 
are their feasts celebrated with an octave. The 
relics of the beatified are not carried in processions 
nor placed on altars. Their images cannot be made 
with a diadem or circle, but only with rays. All of 
which must be strictly observed, according- to a 
decree of Alexander VII. 

15G. After the beatification, if new miracles 
occur, the postulators of the cause may request a 
signature for re-assumption, so that the process for 
canonization may be begun. At least two miracles 
having been proved, the Congregation of Rites holds 
various meetings, the general one before the Sover- 
eign Pontiff being" for deliberation of the question 
whether the decree of canonization can be issued 
safely. Then the Pontiff holds several Consistories 
on the subject, the one secret at which all the cardi- 
nals of the Court are present, the other a semi-public 
one in which, besides the cardinals, all the patriarchs, 
archbishops and bishops present in Rome participate 
and vote. Then in a subsequent more solemn Con- 
sistory the day for canonization is appointed. 

On the appointed day the Sovereign Pontiff pro- 
ceeds to the Vatican basilica with much ceremony; 
and there, after new postulations and many prayers, 



160 THE ROMAN COURT. 

having - invoked the aid of the Holy Ghost, by the 
authority of the Almighty God, and of the Apostles 
Peter and Paul, he decrees and defines that N. N^ 
is a saint and is to be inscribed in the catalogue of 
saints and to be honored as such b\ T the universal 
Church. A pontifical constitution to this effect is 
issued later and addressed to the whole Church. 
This constitution also declares the title, such as 
mart} T r, confessor, virgin, by which the saint is to be 
honored. 

The expenses of the beatification or canonization 
of a saint, which are necessarily very great, are sup- 
posed to be defrayed by the postulators of the cause. 

157. Canonization is therefore a definitive sentence 
by which it is decreed that a certain one is to be 
inscribed on the catalogue of saints and to be pub- 
licly honored as such in the universal Church. This 
sentence is infallible and irreformable, for it is issued 
by the Sovereign Pontiff to the whole Church; and 
if in such a definitive sentence the Pontiff could err, 
the whole Church would be brought into error in its 
public worship, which supposition is entirely against 
Catholic faith. 

The sentence of beatification is not considered 
infallible, for it is not addressed to the whole 
Church; though it cannot be impugned without 
temerity and the sin of presumption. In fact, 
abstracting entirely the supernatural assistance of 
the Holy Ghost, the whole cause of beatification and 
canonization is treated with such extreme prudence 
and care that the judgment pronounced must be 
morally certain. 

158. The decrees of the Sacred Congregation of 



VALUE OE DECREES. 161 

Rites have been g-athered into a collection by Gar- 
dellini, and according- to the order of Pius VII. any 
decree found in this collection is to be considered 
authentic. Ordinarily a decree of a Congreg-ation in 
order to have the force of law, must be produced in 
authentic form, that is, subscribed by the cardinal- 
prefect and fortified by the accustomed seal. But in 
regard to the decrees of the Congregation of Rites, 
that they may have the force of law, it is only nec- 
essary that they be found in the collection of Gar- 
dellini. 

The Sacred Congregation has received the power 
of interpreting - the rubrics and the other laws which 
have reference to sacred rites. And not only may it 
interpret these laws, but it has also a legislative 
power, for by the constitution of Sixtus V. it is 
empowered to restore or reform ceremonies and to 
amend and correct books treating - of ceremonies and 
sacred rites. Archbishops, bishops and prelates 
cannot be judges to decide doubts concerning - the 
rubrics and ceremonies; nor may canons or other 
priests infringe or omit rubrics, even if such is the 
express will of the "bishop. (S. R. Cong - . Jan. 10, 
1852.) On the contrary, the ordinary is strictly 
obliged to see that the rubrics and decrees of the 
Sacred Congreg-ation of Rites are faithfully observed. 
fS. R. Cong. Sept. 7, 1822.) 

159. The decrees of the Congreg-ation of Rites are 
either particular or general. A particular decree is 
one issued regarding the peculiar law or privilege of 
a certain place or particular persons. It has binding 
force only for the particular persons to whom it 
refers. General decrees are of two kinds. Some 



162 THE ROMAN COURT. 

are formally general, others equivalently general. 
Those decrees are formally general which have the 
words "a general decree," "for the city and the 
world," prefixed to them, or which enact something 
to be observed "in all the churches of the world." 
Without doubt all such decrees have binding force 
throughout the world, for they are issued by the 
authority of the Sovereign Pontiff and are formally 
promulgated. 

Those decrees are equivalently general which are 
issued in general terms, as a response to a doubt ex- 
pressed in general terms, but which was proposed by 
a particular diocese or monastery, or because of 
particular cases. For instance: In Melitensi, Feb. 
13, 1S39, the prefect of ceremonies of that cathedral 
asked: "Whether a priest, when he blesses the peo- 
ple with the sacred pyx, should cover it entirely with 
the extremities of the humeral veil, as the Roman 
ritual orders in carrying the Viaticum. " The Sacred 
Congregation replied, "He should do so." Such 
a decree is issued to solve a doubt which pertains to 
general law, and therefore it is of universal obliga- 
tion, even though it is not formally promulgated, for 
it simply declares the sense of the general law 
already promulgated and of obligation. 

If, however, such a decree should extend the -law, 
it would not induce a general obligation unless pro- 
mulgated, because it is a new law. The practice of 
the Sacred Congregation, which is the best possible 
argument, holds that an equivalently general decree 
which declares the law, is of universal obligation 
throughout the Church even though it is not form- 
ally promulgated. 



CHAPTER VI. 

THE CONGREGATION ON CEREMONIES. 

160. The Congreg-ation on Ceremonies was insti- 
tuted by Pope Sixtus V. and is considered a partici- 
pation or derivation of the Sacred Congregation of 
Rites. It is composed at present of sixteen cardinals, 
and the dean of the Sacred College is its prefect. 

One of the masters of ceremonies of the apostolic 
palace is assigned to perform the duties of secretary, 
and the other masters of ceremonies fulfil the duties 
of consultors. The office of the Congregation is at 
Number 5, via Principe Umberto. 

161. The Congregation exercises a watchful care 
over the rites and ceremonies both sacred and civil 
which are observed in the Court of the Roman Pon- 
tiff, and over the respective rights of the persons con- 
cerned in these ceremonies. Hence it watches that the 
laws of the sacred liturgy are observed and rig-htly 
executed in public papal functions. It also resolves 
questions regarding - pre-eminence among" the cardi- 
nals, among- prelates and among- other persons who 
have the right of assisting- at sacred papal functions. 
Further, the Congregation on Ceremonies lays down 
the rules that are to be observed in the solemn pre- 
sentation or approach of princes and their legates to 
the Roman Pontiff. And for this reason when such 
a presentation occurs, the secretary of the Ceremo- 



164 THE ROMAN COURT. 

nial Congregation is always present in the apostolic 
palace and has a care that everything 1 be done prop- 
erly. 

162. The secretary also communicates to new car- 
dinals opportune instructions in regard to the solemn 
acts which are proper to the cardinalitial dignity, 
and in regard to the formulas to be used in letters 
which they write to other cardinals and to princes. 
Likewise the secretary gives instructions to the 
ablegates and the noblemen who are of the body- 
guard of the Supreme Pontiff, and are chosen to 
carry the insignia of the cardinalate to newly-created 
cardinals residing away from Rome; and he explains 
precisely the rites and ceremonies which are to be 
observed both by them and by the cardinals on the 
occasion of presenting these insignia. 



CHAPTER VII. 

THE CONGREGATION FOR INDULGENCES 
AND REEICS. 

163. Pope Clement IX. instituted the Sacred Con- 
gregation on Indulgences and Relics by his constitu- 
tion, In if>sis, of July 6, 1669. Previous to this, on 
August 4, 1667, he had begun the establishment of 
the Congregation and it existed as a temporary 
organization until the constitution of 1669 made it 
permanent. It is at present composed of thirty-two 
cardinals. Prelates and other ecclesiastics distin- 
guished for religion, piety, knowledge and experi- 
ence are attached to it, all of whom are appointed to 
their positions by the Sovereign Pontiff. One of the 
cardinals residing- in curia is its prefect, and the 
secretary is a Roman prelate. The secretary has a 
substitute, and seventeeen consultors, all prelates, 
are attached to the Congregation. Its office is in the 
Palazzo della Cancellaria Apostolica. 

The Congregation was established to do away 
with any chance of abuses in the matter of indul- 
gences and sacred relics. Its object is well ex- 
pressed in the constitution by which it was estab- 
lished, and by which it received the permanent fac- 
ulty of settling every difficulty and doubt which may 
arise regarding the relics of saints and indulgences, 
if such difficulty does not pertain to a dogma of 



166 THE ROMAN COURT. 

faith. The Roman Pontiff, however, is to be con- 
sulted in the more important and difficult matters 
which may arise. 

164. Further, the Congregation has the right and 
duty of correcting - , without the form of trial, any 
abuses which may arise or be found in the matter of 
indulgences and relics; of forbidding- the publication 
of false, apocryphal and indiscreet indulgences, or, 
if already published, of reviewing and examining 
them, and, after submitting the matter to the Sov- 
ereign Pontiff, of rejecting them by his authority. 
The Congregation is also to examine and authorize 
newly-found relics, but is instructed to see that mod- 
eration is used in conceding indulgences and giving 
relics of the saints, so that all may be done piously, 
holily and without corruption of any kind. 

165. It should be noted that this Congregation has 
no faculty in regard to causes which pertain to 
dogma, even though the matter specially concerns 
indulgences and relics. If, for instance, a person 
denied the power of the Church to grant indulgences, 
such a proposition and its defender would be amena- 
ble to the Congregation of the Holy Office, not to 
the Congregation on Indulgences and Relics. The 
Congregation on Indulgences must refer to the 
proper judges all causes which require a judicial 
process. 

Ag-ain it should be noted that general concessions 
of indulgences, obtained from the Sovereign Pontiff, 
are null and void unless a copy of the concession is 
brought to the secretary of the Congregation. This 
was decreed by Pope Benedict XIV. on January 28, 
1756, to do away with the confusion and abuses apt 



GRANTS OF INDULGENCES. 167 

to rise out of the contrary practice. Pope Pius IX. 
confirmed this decree by another under date of April 
14, 1856. Hence for the validity of indulgences 
granted in a general concession, a copy must be 
shown to the secretary of the Congregation on 
Indulgences. This, however, is not necessar} 7 in 
case of a particular concession, such as is made to 
one or more people personally. 

166. Indulgences granted by the Holy Father at 
present are expedited through the secretary of 
Briefs, through the secretary of Memorials and 
through the Congregation of Indulgences. Under 
Pius IX., for a time at least, the granting of indul- 
gences pertained to the secretary of Briefs as if by 
exclusive right. Under Pope Leo XIII. an authen- 
tic publication of all the decrees of the Sacred Con- 
gregation on Indulgences and Relics was ordered 
and made from the year 1668 to the year 1882. The 
decrees were copied by the officials of the secretary's 
office and after a thorough examination and compar- 
ison were printed by Fr. Pustet whose work was 
declared authentic. 

167. Rescripts or concessions of indulgences, 
besides being shown under pain of nullity to the sec- 
retary of the Congregation on Indulgences, if they 
are general concessions, should also be shown to the 
ordinary of the diocese where they are to be pub- 
lished. This is the requirement of the Council of 
Trent, Session XXI. Chapter IX., De Ref., but it 
does not seem absolutely necessary for the validity 
of the concession or publication of the indulgences. 
Private concessions need not be shown to the ordi- 
nary. No charges of any kind are supposed to be 



168 THE ROMAN COURT. 

made by the Congregation on Indulgences and Relics. 

The method of procedure in the Congregation is 
entirely informal. When a cause is brought before 
the Congregation it is referred to one of the consul- 
tors who studies it attentively and reports his opin- 
ion. This opinion is then submitted to the cardinals 
of the Congregation who decide the matter by vote. 
In important matters the cardinal-prefect consults 
the Holy Father and requests his approval of the 
decision of the Congregation. A decree is then 
issued, signed by the prefect and secretary and 
sealed with the seal of the Congregation. 

168. The Congregation of Indulgences does not 
grant any indulgence; this is done by the Sovereign 
Pontiff. The special work of the Congregation is to 
see that indulgences are not abused; and indeed such 
is the misunderstanding in regard to what an indul- 
gence really is that it may be well to give the Cath- 
olic teaching on the matter: "Theology" in the 
words of the Fathers of Trent, "distinguishes in 
sin, the guilt and the punishment. The guilt is the 
offense done to God; the punishment is the chastise- 
ment deserved by the offense, whether temporal or 
eternal. The Church having received with the keys 
the power of binding and loosing, exercises that 
power in regard to sins committed after baptism, 
both in the sacrament of penance and in the granting 
of indulgences. In the sacrament of penance the 
Church remits the sin as to the guilt and the eternal 
punishment, but not always the whole of the tem- 
poral punishment. By an indulgence the Church 
releases wholly or in part from the temporal punish- 
ment which is to be undergone for sin, in this 



GRANTS OF INDULGENCES. 169 

world by works of satisfaction, in the other by the 
pains of purgatory. The indulgence, then, remits 
the punishment, not the guilt. The treasure of 
indulgences, which can be dispensed only by the 
Popes and bishops, is supplied from the super- 
abundant satisfaction of Jesus Christ; a single drop 
of the sacred blood of the God-man being a thousand 
times sufficient to redeem thousands of worlds. To 
these exhaustless springs of merit are added — as 
agreeable to God and meritorious, because of their 
union with the satisfaction of the Saviour, and as 
applied in virtue of the communion of saints — the 
abounding- merits of Mary, the Mother of Sorrows, 
who never had a fault to expiate, together with 
those of numberless saints who have suffered for 
justice' sake and practiced long-continued penances 
to atone for slight imperfections. " Such, then, is the 
Catholic doctrine on indulgences. 



CHAPTER VIII. 

the congregation for the fabric of 
st. peter's. 

169. The building of the present St. Peter's 
church in Rome was undertaken by the warlike 
Pope, Julius II., in the year 1506. The old basilica 
was fast decaying" and so also was the morality of 
that period. The erection of the new St. Peter's 
proved the occasion of convulsing- the Christian 
world and clearing- the Church of much that kept 
her heavy and unfit for great spiritual development. 

Pope Julius II. needed funds for his immense 
undertaking - , and therefore he issued an appeal to 
the Christian world, g-ranting indulgences and other 
spiritual benefits to those who by their alms would 
assist the pious work. Leo X. succeeded to the 
papal throne and likewise to the re-building of St. 
Peter's. He was munificent and splendid, and 
with corresponding recklessness had indulgences 
published in Germany, the proceeds of which were 
to be applied to this great undertaking. The civil 
and ecclesiastical authorities had but recently 
enacted measures restricting the grants of indul- 
gences and therefore this publication of them gave 
no little offense. 

Pope Martin V. had in 1418 made a corcordat 
with the Germans by which it was hoped to remedy 



ALMS FOR ST. PETER'S. 171 

the terrible evils and correct the flagrant abuses 
which afflicted the Church. The tenth article of it 
was concerning- indulgences, and b} 7 it the Pope 
agreed "to avoid for the future too great an effusion 
of indulgences lest the} 7 become despised, and to 
recall and annul all the indulgences granted since 
the death of Gregory XI." (Hardt, Concil. Const. 
Vol. I.) Later, in the year 1500, the electoral 
princes entered a protest against the publication of 
indulgences, for the corcordat was ignored, and 
enacted in 1510 that sums of money arising from 
this source should not be sent out of the country. 
The emperor, Maximilian, was at special pains to 
see that the latter provision was faithfully executed. 

John, Bishop of Meissen, had also issued a prohi- 
bition cautioning everyone in his diocese ag"ainst 
receiving - the preachers of indulgences; and a similar 
prohibition had been published in the diocese of Con- 
stance. Luther was therefore not the first to pro- 
test against the flagrant abuses incident to unwise 
concessions of indulgences; but had he been, no 
blame could have been attached to him, for he would 
have been only exercising a right which he had in 
virtue of his offices of preacher, confessor and doctor 
of theology. No fault could have been found with 
him for having denounced whatever was really 
extravagant and excessive in the preaching of indul- 
gences and lor having called for some authoritative 
settlement of the question of which he afterwards 
confessed "he knew no more at that time than those 
who came to inquire of him." (Alzog, Vol. III., 
page 11. j 

17<). II" Luther had confined himself to reforming" 



172 THE ROMAN COURT. 

abuses and denouncing what everyone knew was 
corrupt and should be remedied, he would simply 
have been doing- what many saintly men in his own 
time were undertaking, and what every sincere Chris- 
tian preacher or doctor is fully entitled to do in our 
day. If, for instance, (returning- to the subject of 
this treatise,) corruption should be shown to exist 
among the Roman Congregations of to-day, (which 
cannot be shown) and if the officials employed therein 
should be proved venal, what is to prevent anyone 
from exposing- them ? 

What ailed Luther was not a Christian desire for 
reform in the Church, but a heartfelt soreness caused 
by jealous\ T that another order and not his own was 
chosen to preach the newly-granted indulg-ence. 
Instead of reforming - , he endeavored to overthrow 
the Church. Instead of showing- up the immorality 
of certain individuals, he denied the dog-mas of faith 
which the Church held as truly and firmly in his 
day as in the time of the apostles. 

The upheaval in German} T was great; and indul- 
gences inopportunely granted with a view that the 
faithful would contribute towards the re-building- of 
St. Peter's in Rome, were the occasion of all northern 
Europe separating - from the unity of faith. 

171. Pope Leo X. conferred on those in charg-e of 
St. Peter's the right to accept and execute legfacies 
as well as to receive alms, and Pope Clement VII. 
later instituted a colleg-e of seventy men who were 
to administer the funds and superintend the re- 
building" of the basilica. But in order that its 
affairs might be managed in a safer and nobler way, 
Clement VIII., in the year 1593, erected a special 



PIOUS LEGACIES. 173 

Congregation for the Fabric of St. Peter's, after 
the manner of the other Congregations instituted by- 
Pope Sixtus V. Originally this Congregation was 
composed of some cardinals of, the Holy Roman 
Church, who had as assistants the auditor of the 
apostolic chancery, the treasurer general, the prefect 
of the pontifical household, one of the auditors of the 
Rota, one of the Pope's chamberlains, and the man- 
ager of the fabric, who performed the duties of sec- 
retary to the Congregation. 

172. The scope and office of this Congregation 
according to its original institution is manifold. For 
it is charged to see that donations for pious causes 
made either by the living' or by last will are properly 
executed, and it has the right to apply to the fabric 
of St. Peter's all proceeds therefrom which should 
be applied to some good work. To the same fabric 
it can apply all donations which are uncertain or 
which are found made for an uncertain work. It 
can also apply to the fabric of St. Peter's legacies 
which are made for some specified purpose, but 
which cannot be used for such a purpose because 
they are insufficient for the desig-nated object. 
Again it can apply to St. Peter's all goods left or 
attributed to persons, churches or pious places 
which according to their institute are incapable of 
acquiring and possessing property. Thus bequests 
left to the Capuchins, the Minor Observants and 
those under similar rule would be applied to the 
fabric of St. Peter's. 

Finally this Congregation can review and decide 
causes concerning contracts which alienate goods 
belonging to any pious place, and it can devote to the 



174 THE ROMAN COURT. 

fabric of St. Peter's the ill-gotten proceeds from 
such contracts whenever they have been made with- 
out apostolic sanction. 

173. That the Congregation might fulfil its duties 
properly, it was accustomed to appoint commis- 
sioners in various provinces, who had a proper and 
coercive tribunal for deciding- questions in the first 
instance, an appeal from which lay to the Congre- 
gation itself in Rome. Further, in order that they 
mig-ht properly fulfil their duty in regard to pious 
legacies, the notaries and keepers of records, by 
general edict of August 16, 1788, were obliged to 
show these commissioners all records regarding 
donations to pious causes made either by the living 
or by last will. 

Moreover, for the papal states a special tribunal 
was founded at Rome known as the tribunal of the 
Fabric of St. Peter's, which by reg-ular contentious 
process decided causes in relation to the administra- 
tion of St. Peter's. This tribunal had jurisdiction 
even over criminal offenses which were committed in 
St. Peter's itself or in the immediate vicinity. 

174. With the lapse of time, however, changes 
occurred, for in the year 1863, the aforementioned 
tribunal was abolished, and at the same time the 
work and office of the commissioners ceased. The 
Cong-reg*ation itself remained, and still remains in 
existence, though it is now composed outy of eight 
cardinals and a secretary who at the same time ful- 
fils the duties of manag-er of the fabric of St. Peter's. 
The prefect of this Cong-reg - ation is the cardinal 
arch priest of the Basilica of St. Peter's, though for- 



PIOUS LEGACIES. 175 

merly, according- to Delvuca, the senior cardinal of 
the Congregation was its prefect. 

175. The ordinal office or duty of this Congrega- 
tion at the present day is to exercise in a gracious 
way its faculties in respect to pious legacies and the 
obligation of Masses. Business of this kind done by 
the Congregation is twofold. It grants to the faith- 
ful who may be oppressed by obligations coming 
from pious leg-acies, a compromise for just reasons in 
regard to past omissions, and absolves them from 
the obligation after the} T have g-iven a specified sum 
of money to the fabric of St. Peter's; and likewise 
for just reasons it also reduces their obligations for 
the future. Further, it g-ives bishops who request 
them, faculties for a certain time by which they are 
empowered to reduce similar obligations. 

The Congregation also transfers the oblig-ations of 
Masses from one church or altar to another, and 
extends the time for saying- manual Masses longer 
than the usual two months allowed by law. The 
other special work of the Congregation is that it 
allows and approves the redeeming of pious obliga- 
tions induced by legacies. Those asking- such a 
favor must pay to the ordinary of the diocese where 
the case arises a certain sum of money as a principal, 
which he must then invest and hold in trust that 
I'mm the interest on this principal the yearly obliga- 
tion imposed by the legacies may be properly 
satisfied. 



CHAPTER IX. 

THE CONGREGATION OE THE COUNCIL; THE SUB- 
ORDINATE CONGREGATIONS FOR VISITS AD 
LIMINA, FOR REVIEWING PROVINCIAL SYNODS, 
FOR ECCLESIASTICAL IMMUNITY, FOR THE RESI- 
DENCE OF BISHOPS. 

176. After the Congregations which specially 
treat matters of faith and those which attend to 
questions of worship in the Church, the several 
Congregations whose specified object is the enforce- 
ment of proper discipline invite attention. The 
Council of Trent issued many decrees concerning- 
reformation and discipline but left to the Sovereign 
Pontiif the care of enforcing- and interpreting- its 
enactments. Pope Pius IV. in the year 1564 con- 
firmed the acts of the council and at the same time 
absolutely prohibited the publication of any com- 
mentary, g-lossary, annotation or interpretation of 
its decrees. During- the same year he established a 
Congregation of six cardinals whose express duty 
was to see to the observance of the decrees of the 
council concerning- reformation. This Congreg-atiou 
had no authority to interpret the council, for this 
matter the Pope specially reserved to himself. 

But Pius V. enlarged its powers and ordained that 
in all cases in which there was no doubt of the mean- 
ing- of the decrees, the Congregation could pass a 



COMPETENCY OF CONGREGATION. 177 

definitive sentence; but in all other cases it should 
recur to the Supreme Pontiff. Later Pope Sixtus V. 
confirmed the establishment of the Congregation 
and gave it general powers to interpret the decrees 
of the Council of Trent on reformation, with the 
one condition that the head of the Church must first 
be consulted in the matter. The Congregation it- 
self now passes sentence and the Sovereign Pontiff 
confirms it. Hence its name was broadened so as to 
include its additional work, and it is called the Con- 
gregation of Cardinals who interpret the Council of 
Trent. Their faculties extend to all the Tridentine 
decrees on reformation or discipline, but not to the 
decrees on faith or dogma. The interpretation of 
these is reserved to the Pope himself, and questions 
concerning them are usually referred to the Holy 
Office for examination. Since, however, the reform- 
atory decrees of Trent touch nearly every point of 
ecclesiastical jurisprudence, the committee or Con- 
gregation for interpreting them has the power to 
explain authoritatively all canon law. Moreover, in 
matters of discipline it has not only judicial but leg- 
islative authority over the entire Church, being 
empowered to make such laws as are deemed oppor- 
tune. 

177. The Sacred Congregation of the Council has 
therefore a threefold power. It can interpret the 
Council of Trent, it can decide controversies, except 
such as pertain to dogma; and it can make regula- 
tions concerning" discipline. These things it can do 
and its rescripts it can issue in the name of the Pon- 
tiff, according to a faculty given to this effect by 
Gregory XIV. The right to interpret the disciplin- 



178 THE ROMAN COURT. 

ary decrees of the Council of Trent belong-s to this 
Congreg-ation exclusively; but the faculties regard- 
ing- other matters it holds in common with other 
Congregations. Thus to the Congregation of the 
Council or to the tribunal of the Rota, matrimonial 
causes which are appealed to the Holy See may be 
referred. Again, causes concerning- nullity of a 
religious profession which are appealed to the Holy 
See may be referred to this Congregation or to the 
Congregation on Bishops and Regulars. 

Because of a similar dependence on the Council of 
Trent, causes concerning - the residence of bishops 
and other beneficiaries may be treated before this 
Congreg*ation, and for a just reason leave of absence 
to such incumbents without loss of revenues may also 
be granted by it. This Congregation can also grant 
the faculty for reducing - the obligation of founded 
Masses because of a diminution of revenues. 

178. Matrimonial causes, especially in regard to 
the bond and in regard to dispensations from an 
uncousummated marriage, are adjudicated by this 
Congregation. And for this reason among- its offi- 
cials there is one called the defender or advocate of 
marriag-e, whose duty is to produce reasons in defense 
of the marriag-e which is being- contested. Irregu- 
larities of clerics are also examined by this committee 
and at its instance dispensation is granted b} T the 
Sovereign Pontiff. Questions, also, which relate to 
the excardination of clerics and their incorporation 
into other dioceses than those for which they were 
ordained, are heard and decided by the Congregation 
of the Council. 

Moreover in reg-ard to benefices this Cong-regfation 



OFFICIALS OF CONGREGATION. 179 

has competent jurisdiction, particularly when the 
matters are in any way connected with the decrees 
of Trent. Thus questions arising- out of the union 
or attempted union of benefices or parishes with a 
cathedral or seminar}^ would be referred to this 
Congregation for examination and decision. The 
same would be done in the case of several contestants 
for an appointment to ecclesiastical office, or in case 
of a complaint that unworthy persons are appointed, 
or that the proper method of appointment has not 
been followed. Finally all questions which relate 
to the alienation of church property come under the 
jurisdiction of the Congregation of the Council. 

179. The Sacred Congreg-ation of the Council is 
now composed of twenty-eight cardinals, one of 
whom is appointed prefect by His Holiness. The 
number of cardinals is not fixed and they are selected 
also from those who reside away from Court. The 
prefect superintends the work of the committee and 
its officials, and signs letters and decrees which are 
then countersigned by the secretary. 

The office of secretary to this Congregation is 
considered a most important one and to it a titular 
archbishop is usually appointed. One reason for 
this appointment of a bishop as secretary, is because 
he has frequently to write to bishops, and should 
be their equal. This position is considered a cardi- 
nalitial one, and its incumbent after serving a certain 
time, is almost sure of being" promoted to the dignity 
of the cardinalate. The Congregation has an audi- 
tor whose position isalsoof great prominence, for he 
agists the secretary and supplies his place in 
many things. The auditor generally prepares or 



180 THE ROMAN COURT. 

summarizes the causes which are to be printed and 
in the name of the secretary distributed to the 
cardinals of the Congregation. Likewise he attends 
to the other writings which pertain to the secretary's 
office, and either by himself or with the assistance of 
the subsecretary and inferior officials keeps a record 
of all matters belonging- to the committee and of the 
documents which have been referred to bishops for 
their opinions. The officials are an archivist, two 
minutanti, a protocolist, and four scrittori or writers. 

180. A Latin secretary is usually appointed for 
the special work of writing - letters to bishops in the 
Latin language. Pope Benedict XIV. mentions this 
official in these words: "He whose work in this 
Congregation in replying in Latin to the letters of 
bishops." This office at present is filled by one of 
the other officials. 

Attached to this Congregation at the present time 
are a number of prelates of the Roman Court. For 
when Pope Leo XIII. ascended the throne, he imme- 
diately turned his eyes to the prelates of the Court 
and began seeking a way in which their services 
could be utilized for the benefit of the whole Church, 
and they could at the same time improve their knowl- 
edge of canon law and obtain experience in treating 
ecclesiastical affairs or in solving* difficult questions. 
Therefore, by command of His Holiness, the Secre- 
tary of State issued an order by which/quite a num- 
ber of these prelates were attached to the Sacred 
Congregations of the Council, of Bishops and Regu- 
lars and of the Propaganda; and to them was 
assigned the work of examining and discussing 
causes in the presence of the cardinal-prefect and the 



STUDENTS OF CONGREGATION. 181 

secretary of their respective Congregations, and of 
giving a consultive vote before the causes are pro- 
posed for hearing- and decision in the general meeting 
of the cardinals. 

181. There is also a school for young canonists 
attached to the Congregation of the Council, wherein 
they may be initiated into the intricacies of church 
law and become accustomed to the method of treat- 
ing cases. In a measure they take the place and do 
the work of consultors. The secretary admits a 
certain number of young priests or clerics to this 
school, which is called the studium or study, and 
over which the auditor presides. For this reason he 
is sometimes called the "head of the study." The 
students thus admitted gather at certain hours in 
the secretary's office, which is now in the Palazzo 
della Cancellaria Apostolica, and there the auditor 
communicates to them the various difficult causes 
which are to be treated in the Congregation. A cer- 
tain cause is assigned them for study, and one of the 
students is charged with the work of preparing an 
opinion on it, and suggesting a decision. Then on 
the appointed day he reads the dissertation he has 
prepared in the presence of the auditor and the other 
students, and they also give their ideas, quoting- 
law, authorities and reasons for their conclusions. 
It usually happens that the causes are so thoroughly 
discussed in this study, that the conclusion reached 
by the students, though it has no weight at all and 
is not even mentioned in the Congregation, is never- 
theless the one which is later found to be the decis- 
ion of the cardinals. Many of these students are 
afterwards chosen for various positions in the Sacred 



182 THE ROMAN COURT. 

Congregations, or to act as vicars-general to bishops 
in those dioceses, where the law is followed which 
provides that the bishop's vicar-general shall be 
chosen from outside his diocese. 

Clerics of various nations may obtain admission to 
this study, where they neither pay nor are paid, and 
indeed it is a most beneficial resort for anyone who 
expects to devote his attention to the practice of 
canon law. There are no Americans in it at the 
present time. Why? 

1S2. Much of the business which is referred to the 
Congregation of the Council does not need the con- 
sideration of the cardinals, either because it has 
often been decided or because it can easily be settled 
by a rescript of the cardinal-prefect. When there- 
fore the secretary thinks the business is of that kind 
he does not place it before the cardinals in general 
committee, but attends to it himself together with 
the cardinal-prefect, after an audience with the Holy 
Father if the matter demands it. The letters or 
decrees by which he replies to applications or con- 
sultations on business of this kind are signed by 
both the prefect and the secretary and sealed with 
the seal of the Congregation. 

183. Again there are other affairs which require 
some examination, but which are easily made clear 
by a short exposition and discussion. Such for 
instance are many doubts concerning unimportant 
things, and such too are nearly all causes of favor. 
These matters, therefore, the secretary explains in 
the Congregation of the Cardinals in a short form, 
or as it is called, by a summary of the requests, and 
concludes his statement with these or similar words : 



METHOD OF PROCEEDING. 183 

"Wherefore may your Eminences deigm to decide the 
following- doubts 1^ — , 2° — . " The matter being- thor- 
oughly considered, the cardinals gdve their decision 
by voting- yes or no to each doubt proposed. 

It sometimes happens that a cause which is pro- 
posed by the secretar}^ in a summary way, after dis- 
cussion appears more serious and requires further 
information and discussion. In such a case the car- 
dinals order the matter prepared in print, in folio, 
and postpone it to another meeting-. But even 
thoug-h the cause is treated in this summary way, 
previous information if necessary, is requested by 
the secretar} T from the ordinaries or from other qual- 
ified persons residing- in the place where the cause 
originated. At times also secret information is 
obtained in order that witnesses may not be molested 
or injured. The votum or opinion of the bishop who 
is thus consulted has great weig-ht with the Congre- 
g-ation. 

18+. Contentious causes and also those which 
imply difficult doubts are not treated by way of a 
summary but are put in folio, that is, an exposition 
of them is printed and copies are distributed to the 
cardinals some time previous to the meeting- in which 
the cause is to be discussed. But in contentious 
causes there are two ways of proceeding-; either 
servato juris ordine or ex officio. When either or 
both parties wish to proceed according- to the regu- 
lar method of law, they declare this through their 
regularly appointed procurators. This declaration 
is usually made by the words, nihil trans eat, let 
nothing be omitted; and then the Congregation as a 
court follows strictly the judicial form of proceed- 



184 THE ROMAN COURT. 

injjf. The expenses of this method are very great, 
and must be paid by the contestants or by the loser 
if the court so decides. Hence the parties usually 
prefer not to proceed in this way, but ex officio, in 
an informal manner. In such a case an exposition of 
the whole cause is drawu up by the secretary or his 
auditor with the documents and arguments of each 
side attached; and at the end of the exposition, the 
matter itself which is in contest is placed in the form 
of a doubt. This writing - is then printed at the 
expense of the pontifical g-overnment and distributed 
to the cardinals. In the meantime the interested 
parties or their procurators visit the cardinals to g-ive 
them information, "ad informandum" on the merits 
of the case, and beg- a favorable decision. At a 
meeting- held shortly afterwards, the cardinals after 
deliberation, decide by a majority vote and reply 
either affimatively or negatively to the proposed 
doubts or questions, which are so drawn as to epito- 
mize the whole case. The secretary then notifies 
the parties concerning- the decision. 

185. This method of proceeding- ex officio, and 
with printed documents is followed both in conten- 
tious causes and in the more difficult causes which 
are not contentious but which imply much examina- 
tion and discussion. Such, for instance, are some of 
the doubts proposed in regard to passages of the 
Council of Trent, a decision on which might affect 
canon law itself. 

In all cases, however, when the procedure is ex 
officio, necessary and opportune information is 
requested from the ordinaries concerned, or from 
other persons worthy of credence. 



OBLIGATION 01* DECREES. 185 

186. The resolutions or decrees of the Cougrega- 
tion of the Council which were made previous to the 
year 1718 have never been printed. But in the 
archives of the Congregation they are kept in folio 
volumes which are called, The Books of Decrees, 
and are so cited by Benedict XIV. and other authors 
who quote decisions from them. The pages of these 
books are numbered only on one side, so that if the 
decision is to be found on the unnumbered part of the 
folio, the words a tergo are added, which mean that 
the number given must be sought and then the page 
must be turned. These Books of Decrees are 
most valuable, because they contain many important 
decisions made from the time of the Council of Trent 
up to 1718, which are authentic interpretations of 
canon law. 

Some of them have been copied by authors deemed 
worthy of confidence, such as Fag^nan and Benedict 
XIV.; and others may be obtained in authenticated 
copies from the secretar}' of the Congregation, on 
the payment of a small fee for the copyist. But 
from the year 1718 the decisions and decrees issued 
by the Congregation on matters treated by it in folio 
or in print have been published under the title, 
Thesaurus Resolutionnm. One volume appears 
each year and the average cost is about one dollar a 
volume. The work is most necessary for canonists, 
since it contains the law of the present day. 

The resolutions and decrees issued on matters 
treated in the Congregation by the summary process 
are not included in this Thesaurus, but the principal 
causes thus treated rind decided from 1823 to 1870 



186 THE ROMAN COURT. 

have been gathered by Ling-en and Reuss and 
printed by Fr. Pustet. 

187. There is considerable controversy among 
canonists regarding the authority of the resolutions 
made by the Sacred Congregation of the Council. 
They dispute as to whether these resolutions have 
decisive force only in the case proposed and in respect 
to the persons who proposed it, just as in the case of 
judgments rendered by a tribunal; or whether they 
are not rather general rules obligatory in law and 
conscience on all who may be in a position similar to 
that mentioned in the case adjudicated. 

There can be no question in regard to those 
decrees which are issued by the Congregation with 
the consent of the Sovereign Pontiff and are promul- 
gated in Rome in the usual manner of laws; for in 
respect to them nothing can prevent them being con- 
sidered pontifical laws. The question is therefore 
confined to declarations or answers given to pro- 
posed cases. 

188. St. Ivigouri says there are two opinions in 
this matter and either is probable. Many hold that 
the replies of the Congregation are to be considered 
doctrinal decisions, which are indeed of great weight, 
so that a wise man will not recede from them unless 
for a very grave reason, but which nevertheless of 
themselves have no obligatory force except for the 
persons to whom they are given. Others maintain 
that the declarations of the Congregation have the 
force of law for all to whom they become known. 

The solution of the question seems to depend on 
the object which is directly effected by the decision 
of the Congregation. For either it lavs down a jren- 



OBLIGATION OF DECREES. 187 

eral principle by giving- an interpretation of common 
discipline; or it applies a general principle to some 
particular fact with its circumstances; or finally it 
discerns, orders or prohibits something- beyond the 
general law, which interpretation is called by canon- 
ists an extensive one. 

In the first case the interpretation is authentic, 
has the force of law and must be applied to all sim- 
ilar cases, even if it is not promulgated in the usual 
way of laws; provided only the decision is authenti- 
cated by the signatures of the cardinal-prefect and 
the secretary of the Congregation. The reason is, 
that according- to the more common and well-founded 
opinion of the learned, an interpretation which does 
not make new law but simply explains a law already 
made and promulgated, does not require a new 
solemn promulg-ation. Further, the very end which 
the Holy See had in view in committing- to the Con- 
gregation the interpretation of g-eneral discipline, as 
well as the practice of the Congregation itself which 
constantly orders that when new doubts are pro- 
posed its previous declarations must be followed, 
gives a conclusive argument that the declarations 
interpreting general discipline are of oblig-ation 
everywhere and for all. Hence, too, the former 
opinion mentioned by St. Ligouri, that these decis- 
ions are only doctrinal, can no longer be considered 
probable, because it is against the established prac- 
tice ol the Apostolic See, now better known than 
when St. Ligouri wrote. 

IS'). In the second supposition, that is, when the 
decision ol the Congregation applies a general prin- 
ciple to a particular fact viewed in all its circum- 



188 THE ROMAN COURT. 

stances, there is no authentic interpretation of law, 
but a judgment is rendered in a particular case. 
Hence it may be said with DeAngelis, that such a 
declaration is applicable only to that one case, as in 
trials, but not to similar cases so that they should be 
considered decided thereby. But it is never- 
theless of great authority, and if the circumstances 
and adjuncts are the same, other similar cases may 
be considered prejudged, even thoug-h not decided by 
such a declaration. 

In the third supposition, that is, when an extensive 
or restrictive interpretation of the g-eneral law is 
g-iven, b} r adding- to or subtracting something from 
the text, it has not the obligatory force of law in 
respect to all, unless it is promulgated like a new 
law or unless it is given in agreement with and to 
confirm the g-enerally accepted interpretation which 
through custom already has the force of law. The 
reason is that this Congregation has not the power 
of making- new laws, such as this interpretation 
would be. Hence such an interpretation to become 
law must be promulgated in the usual manner. 

190. Several subordinate or particular Congrega- 
tions are attached to the Congregation of the Coun- 
cil. One of them is the special Congregation or sub- 
committee for RECEIVING AND EXAMINING THE 
REPORTS OF BISHOPS ON THE STATE OF THEIR 
CHURCHES. Benedict XIV. instituted this special 
Congregation on November, 23, 1740. The reason 
given is that, "since patriarchs, primates, arch- 
bishops, bishops and also inferior prelates who have 
quasi-episcopal jurisdiction with a distinct territory, 
are oblig-ed at stated times to make a visitation ad 



VISITS AD LIMINA. 189 

Umina, and at the same time give a report to the 
Holy See concerning- the churches confided to their 
care; and since they are accustomed to annex to their 
reports certain doubts and difficulties to which they 
request opportune responses, it not unfrequently has 
happened that these replies were delayed much 
longer than was right, because the Congregation to 
which was committed the care of examining these 
reports and replying to the questions contained 
therein was unable to do so on account of the immense 
amount of work always on hand." Wherefore, 
innumerable complaints being received from bishops 
in regard to the matter, Benedict XIV. to meet and 
overcome the difficulty, established a special com- 
mittee of prelates to which this work was assigned. 
The prefect and secretary of the gene.ral committee 
or Congregation of the Council are also prefect and 
secretary of this particular subcommittee, and there- 
fore it is considered merely a section of the Congre- 
gation. 

191. The method of proceeding in this Congrega- 
tion on the Reports of Churches was laid down by 
Pope Benedict XIV. when he established it. The 
report made by the visiting prelate is referred to the 
Special committee, consisting of nine prelates, and 
read and accurately considered in its ordinary 
meeting's. If nothing extraordinary or difficult is 
found in it, the cardinal-prefect and the secretary 
attend to the contents. But if certain doubts or 
difficulties of greater moment are found, they are 
presented by the secretary to the full committee or 
Congregation of the Council. Afterwards the opin- 
ions reached by both the committee of prelates and 



190 THE ROMAN COURT. 

the Congregation of Cardinals are referred by the 
secretary to the Holy Father and he determines 
what reply is to be made to the visiting" prelate. 

102. The visit ad limina referred to in the pre- 
ceding number, consists in this, that each bishop at 
a certain stated time is obliged to visit the Sovereign 
Pontiff, the center and head of the Church, and 
make a report to him on the condition of his diocese. 
The time for this visit varies according to the dis- 
tance of the bishops from Rome. Thus the bishops 
of Italy and the adjacent islands are to make the 
visit every three years; those of southern and western 
Europe every four years; those of other parts of 
Europe and of Africa every five years; and those of 
the rest of the world every ten years. The begin- 
ning of all these periods is counted from December 
20, 1585, when the constitution of Sixtus V. to this 
effect was issued. 

The time for the visit is the last } r ear of the re- 
spective period of three, four, five or ten years; and 
therefore bishops, especially those of Italy, are usu- 
ally not received for their visit ad limina in the first 
year of their period. In the second year they are 
received only rarely and because of a reasonable 
cause. The same is to be said of the longer periods. 
(S. Cong. Res. Epis. July 17, 1657.) They must 
make the visit, however, before the expiration of the 
period, that is, before December 20 of the last year 
of their respective periods, according to an Instruc- 
tion of the Propaganda dated July 1, 1877; and 
neglect of this visit formerly was punished by sus^ 
pension ipso facto incurred. This censure, how- 

ever, was removed by Pius IX. because it is omitted 



REPORTS OF BISHOPS. 191 

from the constitution Aftostolicce Sedis. If the 
bishop is unable to make this visit personal^, he 
may do it through a procurator specially appointed 
by him for the purpose. 

193. The visit of a bishop ad limina consists of 
three acts; namely, a visit to the basilica of St. 
Peter and St. Paul, an audience with the Pope, and 
a report made orally to the Pontiff and in writing- to 
the Congregation concerning- the condition of his 
diocese in reg-ard to both persons and thing-s. The 
prelates of missionary countries, instead of handing 
their written report to the special committee of the 
Congreg-ation of the Council, make it to the Congre- 
g-ation of the Propag-anda. The report must be 
made in regular order, giving - replies to sixty-four 
questions. The headings under which these ques- 
tions are grouped are the following: >The origin, 
progress and boundaries of the mission or diocese, 
with a map; The quality and aptitude of the mis- 
sionaries or clergy; The government of the missions 
or dioceses; The native clergy; Institutes of Regu- 
lars; The sacred ministry and the conversion of 
gentiles; Churches, chapels and presbyteries; Eccle- 
siastical property and its administration; Things 
relating to divine worship; The education and care 
of youth; Pious institutions or societies; Feasts, 
fasts and abstenance; Cemeteries and sepulture; 
The administration of the sacraments; Abuses and 
necessities of the mission or diocese. If any ques- 
tion is inapplicable to his diocese, the bishop replies 
to that number by the words: "I have nothing to 
reply to this question." 

Bishops who report to the Congregation of the 



192 THE ROMAN COURT. 

Council, according- to an instruction issued by order 
of Pope Benedict XIII., are to reply to sixty-one 
questions grouped under eight headings. The first 
heading - regards the material condition of the diocese, 
giving the number of churches, parishes, hospitals, 
colleges and the like, belonging to it. The second 
reg-ards the bishop himself and his rule, while the 
third regards the secular and the fourth the reg-ular 
clergy of the diocese. The fifth heading contains 
questions in regard to nuns, the sixth in regard to 
the seminary, the seventh in regard to confra- 
ternities and pious places, and the eighth in reg-ard 
to the laity. Under a separate heading- the bishop 
will group his requests and other information he may 
wish to convey. 

From merely reading these headings it is evident 
that if exact and truthful replies are g-iven to each 
question, the Holy See acquires an intimate knowl- 
edge of the condition of every diocese in the world. 
These reports are preserved in the Congreg-ation 
and used for reference whenever necessity or pru- 
dence demands it. Likewise all papers and corres- 
pondence containing- complaints in reference to dio- 
ceses are kept in the Congregation for ten years at 
least, and when received are placed in the respective 
pigeon-hole or case assig-ned to each diocese. These 
assignments are made not alphabetically but by 
grouping- the dioceses under the ecclesiastical pro- 
vince to which they belong. After ten years many 
of these reports and papers are placed in the archives 
for preservation. 

194. Another section or subcommittee of the Con- 
gregation of the Council, is that for reviewing 



REVIEWING COUNCILS. 193 

provincial councils. It was established by Pope 
Pius IX. while he was at Gaeta in 1849. About this 
time many provincial councils were held throughout 
the world, and agreeably to the requirements of law 
were submitted to the Holy See for revision. It was 
apparent that if this work of revision was to be 
done by the whole Congregation iii the usual way, 
many 3^ears would elapse before approval could be 
granted; and innumerable complaints would ensue. 
Hence Pius IX. instituted a particular committee of 
cardinals selected from the Congregation of the 
Council and to them assigned this work of revision. 
The cardinal-prefect and the secretary of the Con- 
gregation of the Council were made prefect and sec- 
retary of this subcommittee. Seven cardinals at 
present compose this subcommittee to which twenty- 
seven consultors are assigned. These were taken at 
first only from the prelates of the Roman Court, but 
later, at the request of Cardinal Mai, also from the 
regular clergy. Now twenty-one of them are mem- 
bers of religious orders and six are prelates. 

195. The method of proceeding in this particular 
Congregation is this: The provincial synod which 
is to be examined is referred to one of the consultors, 
who is chosen for the purpose by the secretary with 
the consent of the cardinal-prefect. This consultor 
diligently examines all the decrees of the synod and 
gives his animadversions thereon in writing noting- 
the pages to which reference is made. These anim- 
adversions are then printed and given to each of the 
cardinals and consultors. The consultors then meet 
with the secretary and gnve their opinions on the 
criticism. Later the cardinals meet and after the 



194 THE ROMAN COURT. 

secretary has submitted the opinions of the consul- 
tors, they decide on the corrections which should be 
made in the decrees of the provincial council and on 
the letter which should be written to the metropol- 
itan regarding the matter. 

1%. The Congregation on ecclesiastical im- 
munity which was instituted by Pope Urban VIII., 
and formerly had much work to perform, is to-day 
only an appendix of the Congregation of the Council. 
It is not known whether Urban VIII. established 
the Congregation orally or by a decree in Consistory 
or by a brief; but its work was to protect and defend 
ecclesiastical jurisdiction and immunity, so that 
this immunity might not be violated and the jurisdic- 
tion of the Church might not be usurped by secular 
magistrates and communities. Several cardinals and 
prelates constituted the Congregation. The latter 
were to examine and report the cases in a summary 
way; and then, without any judicial process but 
through information obtained by familiar letters sent 
to and from the ordinaries, apostolic nuncios and 
other prelates whom the business concerned, a decis- 
ion was reached. The Congregation formerly met 
twice a month in the apostolic palace, but to-day, 
on account of the great changes in the civil laws of 
most countries, very little business is left the Con- 
gregation to do, because there is scarcely any immun- 
ity for ecclesiastical persons or things recognized by 
civil governments. Hence vacancies that occur in 
the offices of this Congregation are no longer filled; 
and work which would belong to it, is now done 
either through the office of the Secretary of State by 



RESIDENCE OF BISHOPS. 195 

concordat, or through the Sacred Congregation of 
the Council. 

197. The Council of Trent laid great stress on the 
obligation of residence, and enacted severe laws 
against beneficiaries who are absent from their bene- 
fices longer than the usual three months allowed 
each 3 T ear. On bishops especially is urged the 
observance of this law; and hence also Pope Urban 
VIII. on December 11, 1634, instituted a special 
Congregation to see to the enforcement of the obli- 
gation and to examine and report to the Sovereign 
Pontiff the reasons for which permission is requested 
by bishops for a longer absence than is allowed b3 r 
law. This work had been done previously by the 
Congregation of the Council. 

Originally the CONGREGATION ON THE RESIDENCE 
OF bishops consisted of six cardinals with the cardi- 
nal-vicar of Rome as prefect and the secretary of the 
Congregation of the Council as secretary, both hold- 
ing these positions ex officio. Pope Benedict XIV., 
on September 3, 1746, confirmed the establishment 
of this Congregation and added to its 'duties. At 
the same time he decreed that it should not meet 
regularly, but only when some business was referred 
to it by the Roman Pontiff. Thus it happened that 
gradually much of the work of this Congregation 
was done by others; and to-day, though the title of 
a Congregation on the Residence of Bishops still 
remains, nevertheless the cardinal-vicar of Rome and 
the secretary of the Congregation of the Council are 
the only members of it. They both hold ex officio, 
and perform what duties may be assigned to them; 



196 THE ROMAN COURT. 

the chief of which is to receive and place before the 
Sovereign Pontiff requests made by bishops for leave 
of absence from their dioceses. Rescripts relative to 
these matters are forwarded by the cardinal-vicar 
of the city. 



CHAPTER X. 

THE CONGREGATION OF BISHOPS AND REGULARS; 
AND THE CONGREGATION ON REGULAR DISCI- 
PLINE AND ON THE STATE OP REGULARS. 

198. Among - the various Congregations of Cardi- 
nals is one whose special duty is to settle affairs 
which concern bishops and regulars. It is called 
the Congregation of Bishops and Regulars, not be- 
cause it is composed of them but because it has 
charge of affairs which concern them. At first there 
were two Congregations established for this work; 
one in regard to consultations by bishops, the other 
in regard to consultations by regulars. The former 
seems to have been established by Pope Greg- 
ory XIII., the latter certainly by Pope Sixtus V. in 
a brief dated May 17, 1586. Thus there was a dis- 
tinct Congregation for the secular and another for 
the regular clergy of the Church. But since uni- 
formity and harmony, not only in judicial decisions 
but also in the spirit of government, are necessary 
for the greatest gr>od of the Church and the best 
development of both secular and regular clerg-y, it 
was deemed wise to unite these two Congregations 
as the most efficacious means of assuring- these 
objects. This was done in the year 1601, and there- 
fore the present Congregation of Bishops and Pegu- 



198 THE ROMAN COURT. 

lars has all the powers which the two separate Con- 
gregations formerly had. 

199. The Congregation by rule has twenty-four 
cardinals assigned to it, though practically the num- 
ber depends on the Sovereign Pontiff. At present 
twenty-nine belong to this Congregation, one of 
whom is the prefect. The secretary is a prelate, 
and so also are the subsecretary, who assists the 
secretary, and thesummista, whose duty is to prepare 
a compendious exposition of the causes brought before 
the Congregation. It has also a judge-relator, not 
a cleric, on whom it is incumbent in criminal causes 
brought to the Congregation by way of appeal, to 
report the state of the case to the assembled cardi- 
nals in order that they may judge whether the sen- 
tence of the lower court is to be confirmed, reversed, 
or modified in some way. In these causes the fiscal 
procurator general also participates for the purpose 
of defending the sentence of the episcopal court. In 
causes of greater moment which are not criminal, a 
cardinal is designated by the Sacred Congregation, 
whose duty is to consider and report the cases 
assigned to him. This cardinal is called the cardi- 
nal-relator or the Most Eminent relator in respect to 
these cases. 

Before the time of Pope Gregory XVI. the Con- 
gregation had no consultors. But on September 5, 
1834, a decree was issued b} T which a number were 
assigned to it, without, however, interfering with 
the previous practice of the Congregation in desig- 
nating a certain cardinal to act as the Most Eminent 
relator for a certain cause. At present six prelates 
and twenty-one members of religious orders are con- 



POWERS OF CONGREGATION. 199 

suitors. The office of the Congregation is in the 
Palazzo della Cancellaria Apostolica. 

200. By virtue of the constitution of Sixtus V., 
the Congregation of Bishops and Regulars confirmed 
by him has competency in all causes and business 
which concern bishops and the proper administra- 
tion of their dioceses, excepting only those cases 
which involve an interpretation of the Council of 
Trent. Hence it is competent to receive appeals 
made to the Apostolic See against bishops, either by 
their subjects or by members of religious orders; it 
can also take cognizance of lesser criminal charges 
against bishops, to hear and terminate which it has 
ordinary jurisdiction; it takes cognizance also of 
greater criminal causes of bishops, but only by dele- 
gation of the Sovereign Pontiff, that is, the Pontiff 
must first know and approve the intention of the 
Congregation in the matter and then confirm its 
acts. Further, the Congregation replies to diffi- 
culties and questions which may arise in the adminis- 
tration of a diocese and summarily hears and decides 
causes respecting churches and jurisdiction whether 
these concern the chapter or individual persons. 

Again the Congregation examines and approves or 
disapproves the alienation of church property, for 
which permission is required from the Apostolic See. 
Finally it assigns a vicar apostolic to a bishop who 
may be unable or incompetent to discharge the 
onerous duties of his oilier, and examines the causes 
which demand the removal of a vicar-capitular or 
even of a bishop, the Sovereign Pontiff being first 
consulted. An instance of removal of a bishop 
occurred not long ago in Belgium, where the bishop 



200 THE ROMAN COURT. 

of Tournai was removed by a decree of the Congre- 
gation of Bishops and Regulars. 

201. Cardinal DeLuca writes thus of the powers 
of this Congregation : "This Congregation has full 
power of acting even in those things which are pecu- 
liar to other Congregations; wherefore it appears to 
be, as Urban VIII. said, in a certain sense a univer- 
sal Congregation, except for those causes which 
directly concern questions of faith or the formal 
interpretation of the Council of Trent; in other cases, 
though there is a Congregation of the Council, still 
the Congregation of Bishops and Regulars takes 
cognizance of what concerns the execution and 
observance of the council and its decrees. In the 
same way, although there is a Congregation of Rites, 
whose peculiar duty is to hear and decide contro- 
versies on precedence and ecclesiastical pre-eminence 
between secular and regular clerics as well as to 
consider the claims of laymen to participate in eccle- 
siastical functions, still this Congregation of Bishops 
and Regulars has full competency in all these causes. 
Therefore the exclusive right of the Congrega- 
tion of Rites is limited to prescribing for divine wor- 
ship and to the canonization of saints." 

202. The Congregation of Bishops and Regulars, 
inasmuch as it is a Congregation for regulars, by 
virtue of the same constitution of Sixtus V., treats 
the affairs of all regular orders and communities. 
Thus it settles contentions which arise between dif- 
ferent religious orders, or within the same order; it 
examines disturbances and complaints caused by the 
election of a superior general or other superiors, or 
by their conduct in administering their office. It 



METHOD OF PROCEEDING. 201 

permits a religious to go from one order to another of 
stricter observance, and takes cogmizance of those 
who leave their monasteries. Also it considers and 
decides concerning- the establishment and suppres- 
sion of monasteries. In a word, this Congregation, 
has competency in all that regfards the proper rule 
and direction of religfious orders in the Church. 
Hence it is said to be the busiest of all Congregations 
and the principal one in reg-ard to the multiplicity of 
its affairs, excepting- the Propag-anda. 

203. The method of proceeding- in the Congreg-a- 
tion of Bishops and Reg-ulars is not the same to-day 
as it was formerly. Hence different authors g-ive 
different methods in accordance with the time in 
which they write. Plettenberg- says that in the 
year 1693 all business of the Congreg-ation was con- 
ducted in an informal and summary way, and there- 
fore controversies were terminated before it as before 
princes without the form of trial, but with only a 
certainty of the facts obtained throug-h extra-judicial 
information. He adds that all business, even the 
most important, was done by this Congreg-ation 
without any chargfe whatever, even for the necessary 
writing's and papers relating- to the causes. 

204. The present method was made of oblig-ation 
by a decree of September 5, 1834, at which time the 
working of the Congreg-ation was somewhat re-or- 
ganized and consultors were added whose duty is to 
examine and g-ive an opinion on doubts and questions 
which may be referred to them by the cardinals. 

Of the business coming- to the Congregation some 
is of lesser importance or of urgent need. In such 
cases, if the cardinal-prefect and the secretary con- 



202 THE ROMAN COURT. 

sider it better to attend to the matter without bring- 
ing* it before the Congregation, after acquiring 
information extra-judicially and at times secretly, 
they determine the decision themselves. Neverthe- 
less they use the name and authority of the Congre- 
gation in issuing the resolution and in pending it to 
the bishops whom it concerns or to the general pro- 
curators of religious orders, residing in Rome, if it 
pertains to regulars. 

Again there are other matters which are proposed 
to the cardinals in Congregation and are decided by 
them, but without certain formalities which are 
observed in the treatment of contentious causes or of 
those of great importance. When matters are set- 
tled by such procedure, they are first proposed in the 
Congregation by the secretary, who explains in a 
compendious way the petitions of the parties and the 
documents which bear on them. After deliberation 
or discussion each cardinal gives his opinion, and 
what seems best to the majority is made the decision 
of the Congregation. In these meetings the secre- 
tary has no vote. They are now held in the palace 
of the apostolic chancery once a month on Friday, 
but during Lent once a week, also on Friday. 

206. If the cardinals determine that the matter in 
hand needs more accurate treatment they order the 
regular method to be followed, and assign a cardi- 
nal-relator to present the case. Then the following 
rules enacted by the Congregation must be strictly 
followed : 

1°. Whenever in business brought before the Con- 
gregation, either by reports of ordinaries or by 
appeals of parties, it seems expedient that the matter 



CONTENTIOUS CAUSES. 203 

should follow the course of law, a reply is made : 
"Ivet the parties present their case before the Most 

Eminent who will examine and report it, after 

the opposing" party has been cited and the form of 
the dubium or question has been ag-reed upon." 

2°. All the acts which prepare the way for judg- 
ment are prepared before the cardinal-relator or his 
auditor, with the aid of a notary of the Sacred Con- 
gregations. 

3°. Wherefore the interested party in the presence 
of the same auditor summons the opposing- party into 
court to agree upon the form of doubt or question 
under which the matter in dispute is to be presented 
to the Congreg-ation; otherwise it is taken for 
granted that the form which is submitted with the 
notice is acceptable. 

4°. The Most Eminent relator or his auditor by con- 
sent of the parties arranges the wording of the doubt 
either as proposed or as amended; but if they cannot 
agree he orders them to use their rig-ht before the Con- 
gregation by means of a memorial on the matter. 

5°. If the cited party fails to appear within the 
specified time, he is cited a second time to arrange 
the dubium or doubt and to specify the date for the 
meeting- of the Congregation on the matter. 

6°. If the party continues in contumacy, the Most 
Eminent relator or his auditor prepares the dubium 
and assigns the meeting- wherein the cause shall be 
proposed, allowing- however a period of thirty days 
to. intervene; a decree on the matter is sent to the 
adverse party by a messenger. 

7°. A copy of the claims, rights or laws which 
each party uses is deposited with the secretary 



204 THE ROMAN COURT. 

fifteen da} T s before the day of proposing- the cause, 
and information to this effect is mutually given. 

8°. The allegations of both parties are brought to 
the cardinals, to the secretary and to the secretariate 
of the Congregation ten days before the meeting. 

9°. On the same day in the house of the auditor of 
the Most Eminent relator a mutual interchange of 
the allegations and summaries is made by the parties. 

10°. The replies are made and distributed as in 
the preceding number, three days before the pro- 
posing of the cause. 

11°. The Most Eminent relator puts into writing 
the resolution of the Sacred Congregation, signs it 
with his name and gives it to the secretary to be 
communicated to the parties. 

12°. If within ten days the defeated party asks to 
be heard again, the Most Eminent relator can grant 
the benefit of a new hearing. 

13°. Whenever by unanimous vote the matter is 
decided with the clause et amplius, or with one 
dissenting vote and the clause ct non concedatur, 
then permission to return is not given except by the 
full Congregation. 

14°. The cause is proposed the second time in the 
same manner and intervals as at first. 

15°. The cause being decided, an authentic copy of 
the resolution is given to the winning party. 

16°. The victor presents himself before the audi- 
tor of the Camera; who, merely as the executor, 
decrees the enforcement of the resolution of the 
Sacred Congregation. 

207. In criminal causes when an appeal is taken to 
the Congregation of Bishops and Regulars the fol- 



CRIMINAL CAUSES. 205 

lowing- is the method of proceeding- as ordered by 
the Congreg-ation December 16, 1834, with the 
approval of Pope Greg-ory XVI: 

1°. Those convicted in criminal cases by episcopal 
courts are given ten days within which to appeal to 
the Sacred Congreg-ation of Bishops and Reg-ulars. 

2°. The ten days will be counted, not from the 
day on which sentence was g-iven, but from the day 
on which it was announced by messeng-er to the 
defendant or his advocate. 

3°. That time having* elapsed without the defend- 
ant or his advocate appealing-, the bishop will execute 
the sentence passed b}^ him. 

4°. An appeal being- interposed within the ten 
days, the episcopal court will at once send to the 
Sacred Congreg-ation the written acts of the whole 
case, namely: first the process itself prepared in 
court; secondly, a brief of it or a compendious state- 
ment of all that came from the process; thirdly, the 
defense offered by the defendant; fourthly, the sen- 
tence passed. 

5°. The episcopal court itself will announce to the 
defendant or his advocate that the appeal is to be 
prosecuted before this same Congreg-ation. 

6°. If no one appears, or if the acts of the appeal 
are negdig-ently or maliciously protracted, a congru- 
ous time will be assig-ned to the Sacred Congreg-a- 
tion, which being passed without use, the cause will 
be considered deserted and the sentence of the epis- 
copal court will be ordered executed. 

7°. The brief of the process which is made by the 
jii(li4"r-relator of the Congregation, must be g-iven to 
the defendant or to him who lias undertaken his 



206 THE ROMAN COURT. 

defense. (This judge-relator, as was said above, is 
not a cardinal nor even a cleric.) 

8°. The allegations or defense which are to be dis- 
tributed to the Most Eminent Fathers shall not be 
printed unless the judge-relator shall have given 
permission to print. 

9°. The cause shall be decided on the appointed day 
by the Most Eminent Fathers in general assembly. 

10°. The fiscal procurator general and the judge- 
relator shall be present at this meeting. 

11°. The' judge-relator shall report to the Most 
Eminent Fathers on the whole state of the cause; 
and the fiscal procurator general shall stand for the 
episcopal court and explain his conclusions. 

12 D . After this the Most Eminent Fathers will 
give judgment, either confirming, reversing or re- 
forming the sentence of the episcopal court. 

13°. The sentence being pronounced, it shall be 
sent together with all the acts of the cause to the 
episcopal court, that it may be executed. 

14°. A revision or rehearing of the matter adjudi- 
cated shall not be granted, unless power to grant it 
shall have been given by His Holiness and unless 
there are very weighty reasons, the consideration and 
judgment of which pertain to the full Congregation. 

208. Besides the Congregation of Bishops and 
Regulars, another Congregation was instituted to 
assist it, on /Yugust 4, 1698, by Pope Innocent XII. 
under the title of the congregation for the dis- 
cipline AND REFORMATION OF REGULARS. This 
Congregation formerly had its own prefect but 
to-day by order of Pope Pius IX. under date of 
March 12, 1856, is under the cardinal-prefect of the 



DISCIPLINE OF REGULARS. 207 

Congregation of Bishops and Regulars. Likewise 
it no longer has it own secretary, but the secretary 
for Bishops and Regulars performs the duties of 
this office. However, it has an official who is called 
the substitute. The work of this Congregation 
consists chiefly in designating- in Italy and the adja- 
cent islands monasteries or convents of men where 
novices and the professed of religious orders are to 
dwell, and also in granting permission for novices to 
receive the habit and make their religious profes- 
sion. Further, this Congregation looks to the 
observance of perfect community life and can dis- 
pense from rules in regard to the internal discipline 
of a religious house. However, most of its work is 
now done through the Congreg-ation of Bishops and 
Regulars. It is known to-day by the name of the 
Congregation for Regular Discipline. 

2<) ( ). Finally Pope Pius IX. in order to provide for 
the changed conditions of the present time in reg'ard 
to regulars, on June 17, 1847, instituted a particular 
Congregation whose title is the congregation on 
THE STATE OF REGULARS. This Congregation 
had the duty of preparing rules for the reception 
and instruction of novices, and for admitting them 
first to simple and afterwards to solemn vows. It 
also made regulations for restoring - community life 
among regulars to the actually existing circum- 
stances. When not long- ago a vacancy occurred in 
the office of prefect of this Congregation on the State 
of Regulars, it was not filled, but Pope Leo XIII. 
reserved the position lor himself. The secretary of 
the Congregation is the same who is secretary to 
that of Bishops and Regulars, 



CHAPTER XI. 

THE CONGREGATION FOR THE PROPAGATION 
OP FAITH. 

210. For English-speaking- countries the Congre- 
gation of the Propaganda is of all the most interest- 
ing-, because to it the dioceses of these countries at 
the present time are subject. While the necessities 
of other dioceses making - recourse to the Holy See, 
are tended to by the various Congregations set over 
questions of faith, of worship or of discipline, all the 
business which the faithful of missionary countries, 
clergy and laity, may have with the Holy See, is done 
and must be done throug-h the one Congregation of 
the Propaganda. 

The Congregation for the Propagation of Faith, 
as its name implies, was instituted for the purpose 
of propag-ating- the Catholic faith in those regions 
where infidelity and heres} r prevail. Pope Gregf- 
ory XV. established it, June 22, 1622, by his consti- 
tution Inscrutabili and g-ave it most ample powers. 
He says : "We have thougdit it well to commit this 
work to the peculiar solicitude of several of our ven- 
erable brethren, cardinals of the Holy Roman 
Church, as by the tenor of these presents we do 
commit and assig-n. We wish that, with the help of 
some prelates of the Roman Church and other relig-- 
ious men and a secretary, they consult about, take 



ORIGIN OF PROPAGANDA. 209 

cognizance of and treat all and every kind of busi- 
ness which pertains to the propagation of the faith 
in the whole world. We wish further, that they 
refer to us the more important matters which they 
treat, but other matters they shall decide and expe- 
dite according- to their own prudence. They shall 
superintend all missions for the preaching- and teach- 
ing- of the Gospel and Catholic doctrine, and shall 
appoint and change the necessary ministers. For by 
our apostolic authority over these matters, by these 
presents we concede and impart to them the full, 
free and ample faculty, authority and power to 
work, carry on, treat, do and execute both the fore- 
going- and also all and everything else which is nec- 
essary or opportune for the purpose, even if it is 
such that it requires a special, specific and express 
mention." 

211. The jurisdiction of the Propaganda extends 
to all countries in which Catholic affairs are man- 
aged more, missionum, after the manner of missions; 
or in other words, it covers fully two-thirds of the 
world. For church purposes the world is divided 
into those countries which have the ordinary hier- 
archy and those which have missions. The former 
arc those which have episcopal sees and dioceses 
canonically erected and whose bishops have ordinary 
jurisdiction, so that each bishop administers his dio- 
cese not as a vicar or delegate of the Sovereign Pon- 
tiff, but as an ordinary who obtains jurisdiction by 
promotion to an episcopal see. The latter or mis- 
sionary countries arc those which lack such episcopal 
sees and whose ecclesiastical affairs arc administered 
by delegates and vicars of the Sovereign Pontiff. 



210 THE ROMAN COURT. 

Such vicars apostolic usually receive episcopal conse- 
cration and a title from some ancient see, which be- 
cause of infidelity or heresy no longer exists except in 
name; but through promotion to these ancient titles 
they do not obtain jurisdiction anywhere. Hence 
they are called titular bishops, and the jurisdiction 
they have in their vicariates flows entirely from the 
special delegation of the Sovereign Pontiff. How- 
ever the most ample jurisdiction, far above the ordi- 
nary, is granted them by way of delegation for the 
whole tract of country assigned them as a vicariate. 

212. In this way, then, church affairs are man- 
aged wherever infidels and heretics exceed Catholics 
in number and power, and the faithful of such coun- 
tries with all their missionaries, prefects and vicars 
apostolic are subject to the Propaganda as their 
superior. But even after the ecclesiastical hierarchy 
has been established or restored and episcopal sees 
canonically erected, the Propaganda frequently 
retains the government of these countries. Thus in 
the United States, England, Ireland, Scotland, 
Australia, Canada, Holland and other countries, 
there are regularly established episcopal sees with 
their titles and bishops, but nevertheless all these 
countries are still subject to the Propaganda. 

The rule is that whenever the hierarchy is estab- 
lished in any country, the apostolic letters, which 
erect the episcopal sees, decree at the same time 
whether or not the new sees shall be withdrawn 
from the jurisdiction of the Congregation of the 
Propaganda. If they are not specifically withdrawn 
they remain still subject. This is considered a spec- 
ial favor, because it affords them an easier, more 



POWER OF PROPAGANDA. 211 

expeditious and less expensive method of doing- their 
business with the Holy See. Hence besides over 
missionary countries, the Propaganda exercises its 
watchfulness and authority also over others which 
have the ordinary hierarchy of the Church regularly 
established. Over all, too, it has the same ample 
jurisdiction and is practically the mouth of the Holy 
See. 

213. The power of the Propaganda extends to all 
matters and causes, and is limited only by the one 
condition that it cannot enact or expedite affairs of 
greater importance without the assent of the Sov- 
ereign Pontiff. All ecclesiastical causes no matter 
what their kind, which pertain to missionary regions 
are subject to the jurisdiction of the Congregation 
of the Propaganda. 

This power of the Propaganda is legislative, judi- 
cial and gubernative. For such are the words of 
the constitution by which it was established that it 
can do all and everything which it may deem expe- 
dient. Hence not only can it judicially decide all 
causes and controversies but it can also make laws 
and decrees, and can rule and govern missionaries, 
even the vicars apostolic, as subjects. The one lim- 
itation of this threefold power is that no grave mat- 
ter shall be settled until after a report has been 
made of it to the Sovereign Pontiff. 

From this it is evident that for the places subject 
to it, the Propaganda has as much power as all the 
other Congregations together have for other coun- 
tries. Indeed it has even greater power, for it treats 
the business of deputing" vicars apostolic in mission- 
ary countries and the election of bishops in those 



212 , THE ROMAN COURT. 

dioceses, which though canonically erected, are still 
subject to it. The Propaganda is therefore the 
organ through which the Sovereign Pontiff appoints 
these vicars and bishops; and likewise the organ 
through which they are removed. An instance of 
removal occurred in the United States on May 21, 
1895. On that day the archbishop of St. Louis, by 
a decree of the general Congregation of the Propa- 
ganda, approved by Pope Leo XIII., was removed 
from the archbishopric of St. Louis because of fail- 
ing mind, and assigned to the see of Marcianopolis 
as titular archbishop. 

It may be noted that whenever a matter is sent to 
the Propaganda which directly concerns faith, this 
Congregation sends it to the Congregation of the 
Holy Office. Likewise if a matter pertains directly 
to the forum of conscience, it requests a proper rem- 
edy or solution of the question from the Sacred Pen- 
itentiary. In each case, however, the answer is 
usually returned through the Propaganda. 

214. The decrees of the general Congregation of 
the Propaganda have the force and value of apos- 
tolic constitutions, whenever they are issued by the 
prefect and subscribed by the secretary; for such is 
the decree of Urban VIII. on the subject. Moreover 
this decree was confirmed Ivy Pope Innocent X. on 
July 30, 1625; for, it being reported to the Holy See 
that in the Phillipine islands some missionaries 
asserted "that the decrees of the Propaganda made 
only a probable opinion and were a pure and simple 
declaration, and therefore the contrary of the decree 
could also be defended," Pope Innocent X. at once 
declared this opinion untenable and re-enacted that 



OBLIGATION OF DECREES. 213 

by virtue of the constitution of Gregory XV. the 
decrees which are issued by this Congregation with 
the authority of the Sovereign Pontiff have the force 
of apostolic constitutions. 

215. Likewise Pope Pius IX. in his constitution, 
Probe, of May 9, 1853, very distinctly meets the 
objection, which is sometimes urged to-day, that 
what is done by the Propaganda is not always the 
work of the Holy See. He says: "There is noth- 
ing more senseless than what these priests are re- 
ported to have scattered abroad to ensnare the sim- 
plicity of the faithful, namely, that there are many 
things which have been enacted, not by the Apos- 
tolic See and the Roman Pontiff, but which have 
been ordered without his knowledge by the Sacred 
Congregation for the Propagation of the Faith; and 
that there are some thing's which need not be minded 
because the placet of civil authority has not been 
given. All know that our Sacred Congregation is 
nothing unless the minister of the Apostolic See. 
Moreover it is a foul and impious assertion that the 
rights divinely conferred on the Apostolic See and 
the helm and power of supreme rule in the Church 
which was given by Christ the Ivord, can be lessened, 
curtailed or prescribed by human decisions or favor." 
They are therefore entirely wrong who say the 
decrees of the Sacred Congregation of the Propa- 
ganda are not of obligation; for all its decrees are 
the work of the Holy See itself and have the force of 
apostolic constitutions. In disciplinary matters such 
decrees are the supreme law, and coming from proper 
ecclesiastical authority they demand obedience. No 
appeal from the Propaganda's decision is possible to 



214 THE ROMAN COURT. 

any other tribuual; but parties who feel themselves 
aggrieved may beg a rehearing 1 from the Congrega- 
tion itself, for its decrees are not irreformable. In 
the meantime, however, the decrees are of abso- 
lute obligation. 

216. The Roman Pontiffs decreed that all busi- 
ness should be done in the Congregation of the Prop- 
aganda without any charge whatever, and in order 
that this might be possible they assigned such rev- 
enues and established such endowments as would 
enable the Congregation itself to pay all costs. 
From this it is apparent that the dioceses which 
remain subject to the Propaganda even after their 
canonical establishment, have a great advantage in 
this, that all their business with the Holy See is 
done without charge. The other dioceses, however, 
belonging to the ordinary hierarchy are obliged to 
pay regularly constituted fees for all documents 
issued and costs for all trials held before most of the 
other Congregations. 

217. The principal work of the Propaganda is the 
spreading of the Catholic faith throughout the 
world, and particular^ in missionary countries. 
That this might be accomplished, a college was 
established by Pope Urban VIII. , called the Urban 
college or the college of the Propaganda, wherein 
3'oung men born in missionary countries are received, 
instructed in letters, languages and theolog} T , and 
then sent back to their native land to be faithful 
missionaries for the preservation and propagation of 
the faith. This college is in the palace of the Prop- 
aganda, erected on the Piazza di Spagna, by Urban 
VIII. for the use of the secretary and other officials 



PROPAGANDA ESTABLISHMENT. 215 

of the Congregation and for the holding- of its gen- 
eral meeting-s. „ In the same building-, but towards 
the other end, there is also an immense printing 
establishment, where documents needed for adminis- 
tering- the affairs of the Congregation are printed, 
and where summaries of various causes sent to the 
Propaganda for final judg-ment, are put into type 
for the use of the cardinals and officials. Books on 
theology and philosophy, and pamphlets on kindred 
subjects are printed in various lang-uag-es in this 
polyg-lot establishment and distributed free in mis- 
sionary countries, if necessity requires it. 

The beginning of this colleg-e and printing- estab- 
lishment was laid by John Baptist Villes, a Spaniard 
dwelling- in Rome, who gave all his wealth and a 
most beautiful house to Pope Urban VIII. for this 
purpose. Many g-enerous souls even to the present 
day have imitated his example and contributed to 
the great work of spreading- the Gospel of Christ. 
(/us Pontificium, sub Propaganda.) 

218. Formerly in this same palace of the Propa- 
ganda, apartments were provided for missionaries 
who returned to Rome to inform the Sovereig-n Pon- 
tiff and the Congregation in reg-ard to their missions, 
and to sug-g-est means for further propag-ating- the 
faith. Poor priests and bishops from other places, 
also, were comfortably lodg-ed and fed in this palace 
during- their stay in Rome on business. But all this 
has been completely changed, either because of a 
diminution of the revenues of the Propaganda or for 
other reasons. Even the poorest of vicars apostolic 
must now seek other quarters and provide for him- 
self as best he can. In fact Rome and the Propa- 



2K> THE ROMAN COURT. 

ganda have been so overrun with visiting- clergymen 
that lately an order was issued prohibiting them 
from remaining longer than two months in the city 
without special permission of their ordinary. 

219. The Propaganda has sent out and still sends 
out many missionaries to preach the Gospel and 
administer the sacraments, and for this purpose it 
provides them all with most ample faculties. Fur- 
ther than this, it has arranged an extraordinary 
title for their ordination, called the title of the mis- 
sion, by which it takes them under its own special 
protection. Even in dioceses canonically erected, 
priests ordained titulo missionis still remain under 
this special protection of the Propaganda ; and the 
Congregation always insists on their proper mainte- 
nance by the diocese to which they belong. In a 
strictly legal sense a priest ordained by this title is 
bound directly to the Propaganda, and indirectl} T to 
the diocese or province to which he swears to devote 
his services. This follows also from the instruction 
given by the Propaganda on April 27, 1871, in 
regard to the title for ordination. This instruction 
says that ordinaries cannot confer any orders on 
clerics with the title of mission unless they have a 
special indult from the Holy See to this effect; 
because there is question of an extraordinary title 
which is beyond the common law. Such an indult is 
granted for a specified time or for a certain number 
of ordinations. 

220. The same instruction says that ordinaries 
may use the services of priests ordained by other 
titles than that of mission, and that such priests 
cannot be forced to change their title for that of 



TITLE OF THE MISSION. 217 

mission. On the contrary, the Sacred Congregation 
explicitly asks of ordinaries that other leg-itimate 
titles be introduced as much as possible instead of 
the title of mission. From this it follows that the 
Propaganda with the consent of the ordinary will 
readily g-rant a priest who has been ordained titulo 
missionis a dispensation from his oath and a change 
of title into that of patrimony. This chang-e, how- 
ever, can be g-ranted only by the Propag-auda; and 
the same is to be said of permission to join a relig- 
ious order. 

221. The oath taken b}^ the priest who is or- 
dained lihilo missionis is to the effect that he will 
not join any religious order or community without 
the special permission of the Apostolic See, and that 
he will perpetually labor in the ministry for the 
good of souls under the entire direction and jurisdic- 
tion of the ordinary for whose diocese he is ordained. 
This oath of the priest, it should be remarked, does 
not g"ive a bishop in a missionary country any more 
extensive power than a bishop has elsewhere. The 
general principles of canon law must be observed by 
both. Hence a bishop, at least in the United States, 
cannot transfer a priest from place to place merely 
at will without considering his merits and reputa- 
tion. This is clearly settled by the latest decision 
of the Propaganda, addressed to the bishops of the 
United States, under date of March 28, 1887, enti- 
tled, "On the way of procedure in changing a mova- 
ble rector." It says: "In the Third Plenary 
Council of Baltimore, tit. X., chap. 3, par. 1, 2, as 
also in the instruction of this Sacred Congregation 
which begins Cum Magtiopere, for trials of clerics, 



218 THE ROMAN COURT. 

the rules and regulations were prescribed by which 
clerics are to be tried. It was not, however, defined 
and decreed in what cases the bishops were held to 
follow the legal process when there was question of 
depriving 1 movable rectors of missions of their office, 
or of transferring 1 them to another office. Now, 
however, the Most Eminent Fathers placed over the 
Sacred Congregation of the Propaganda, meeting in 
general assembly on the 28th of March, 1887, have 
decreed thus : In the case of the removal or of a 
total deprivation of the office of rector in punish- 
ment of crime or guilt which requires disciplining, 
the canonical procedure in accord with the aforesaid 
instruction and with the decrees of the Third Ple- 
nary Council must be followed. If there be ques- 
tion of the transfer of a rector from one mission to 
another, or even to an inferior office, the ordinaries 
are not bound to follow the canonical procedure; but 
it is necessary that there should be serious reason 
for such action, and full account taken of the past 
merits, as laid down in the Third Plenary Council 
of Baltimore, tit. 2, chap. 5, parag. 32. If in the 
case of such transfer a complaint is made to the 
Sacred Congregation, the Sacred Congregation will 
remit it to the Metropolitan, or where there is ques- 
tion of a Metropolitan to the neighboring Metro- 
politan." 

222. From this decree it appears that no canonical 
procedure is necessary for changing a movable rector 
when no crime is charged. The conscientious judg- 
ment of the bishop of the necessity of such transfer 
is sufficient for his guidance; yet he is obliged to 
hold himself in readiness, on presentation of com- 



REMOVAL OF RECTORS. 210 

plaint to his and the priest's superior to give the 
motives which may have induced him to make the 
transfer. If these motives are not clearly sufficient 
a reversal of the bishop's action will follow. The 
presumption is against transfers, and the burden of 
proof of the wisdom and equity of the transfer rests 
upon the bishop who has followed an exceptional 
course. The instruction of the Propaganda of 1879 
clearly hi/ys down the law and establishes the pre- 
sumption in favor of the permanent tenure of the 
priest as against removal, when it says: "Bishops 
must be careful not to transfer priests from place to 
place against their will except for serious reasons." 
223. Priests who have been removed or transferred 
are bound to recognize the action of the bishop, no 
matter how unjust it may appear. They must give 
up the office and can appeal only in divohitivo, as it 
is called. After a regular trial this is true even of 
irremovable rectors in the United States, because of 
the special enactment of the Third Council of Balti- 
more to this effect with the consent of the Holy See. 
Ordinarily an appeal from the sentence of a court 
ordering removal from an office or benefice, will stay 
the execution until the higher court has passed judg- 
ment. This in fact is a fundamental principle of 
canon law, but decree 286 of the Third Council of 
Baltimore reverses this principle for the United 
States, though not for other countries. It reads as 
follows: "As in many of our provinces the rectors 
of our churches are by law appointed as ex officio 
trustees of the churches, caution is to be used lest 
when it is found necessary to deprive a rector of his 
office, he should by appeal from the sentence stop its 



220 THE ROMAN COURT. 

execution, and thereby keep before the civil author- 
ity his position of trustee. We decree, with the 
consent of the Holy See, that no rector, even an 
irremovable one, who has been juridically removed, 
or deposed from or deprived of his office, shall be 
able to appeal against the ordinary's sentence in 
suspensivo (to suspend its execution) but only in 
divolutivo, (the appeal taking effect only after sen- 
tence in the higher court), so that he shall cease to 
be a trustee of the church, either forever or until 
such time as the appellate judge Driving a final 
decision shall reinstate him. Therefore until the 
matter is finally settled, another rector or adminis- 
trator with proper powers shall be appointed and 
the bishop shall meanwhile provide for the proper 
maintenance of the removed rector and the adminis- 
trator." 

Equity and prudence might suggest that the law 
itself, which so reverses an established principle of 
canon law, should also specifically provide for the 
support of the appealing rector. Leaving the 
allowance for his support to the judge who con- 
demned him gives an opening for injustice and com- 
plaints, particularly when ecclesiastical courts are 
not fully organized and their procedure depends 
entirely on the will of the bishop of the diocese. 

224. The Congregation of the Propaganda at the 
present time is composed of twenty-seven cardinals, 
one of whom is appointed by the Pope general pre- 
fect and another prefect of economy. Sixteen of 
these cardinals reside in curia; the others are bishops 
of residential sees in various countries. There are 
also two secretaries, one for the Latin or general 



OFFICIALS OF PROPAGANDA. 221 

Congregation and the other for the Congregation on 
Oriental Affairs. Both of these secretaries are titu- 
lar archbishops, because of the great importance of 
the office, and because they have to correspond fre- 
quently with bishops and archbishops. For the 
general Propaganda there are a large number of 
consultors, usually twenty-four, chosen from both 
the secular and the regular clergy. The assessor of 
the Holy Office is ex officio a member of the Propa- 
ganda. Five minutanti superintend as many depart- 
ments and direct subsecretaries or scrittori how to 
arrange, digest and prepare the causes or business 
of the different countries for submission to the gen- 
eral assembly of the Propaganda. They also attend 
to the correspondence of the Congregation, which, 
however, is always signed by the cardinal-prefect and 
the secretary. An archivist attends to the proper 
record and custody of documents. The minutanti 
receive a salary of forty dollars a month, but the 
bead minutaute receives forty-five dollars. Some of 
the consultors are paid eighty dollars a year, but 
they hold other positions or are members of religious 
orders. 

A commission, consisting of an archbishop as pres- 
ident and a prelate as secretary, together with 
twelve consultors, is attached to the Propaganda 
and subject to it, whose work is to receive and 
examine the reports of bishops and vicars apostolic, 
under the Propaganda, concerning their churches. 
Another commission of the Propaganda, with a car- 
dinal president, a vice-president, a secretary and 
four consultors, examines the constitutions and rules 
of new religious institutes which are subject to this 



222 THE ROMAN COURT. 

Congregation. Further, the cardinal-prefect of 
economy is assisted by eight signori who have charge 
of various departments and make up "the adminis- 
tration." 

When Gregory XV. instituted the Propaganda, it 
was composed of thirteen cardinals, two priests, one 
monk and a secretar\\ Cardinal deLuca says that 
in his time it was made up of a competent but vary- 
ing- number of cardinals and of other prelates, to- 
gether with officials of a lower order. One of the 
prelates was secretary, and the assessor of the Holy 
Office and one protonotary apostolic were also 
officials of this Congregation. 

The cardinal-prefect general of the Propaganda 
holds a most important position, for he is practically 
in charge of the church affairs of two-thirds of the 
world. Hence he is familiarly called the red Pope; 
red because he is a cardinal, and Pope because of 
his power and influence. 

The cardinal-prefect of economy has supervision 
over the business affairs of the Propaganda, and 
looks after its endowment funds and revenues. 

225. There are at the present time two divisions of 
the Propaganda, one for general or Latin affairs, and 
the other for affairs of the oriental rite. Even -as 
early as the time of Urban VIII. and Clement IX. 
special commissions or committees were formed of 
some cardinals of the Propaganda, "On Questions .of 
the Orientals" and "On Correcting Oriental Books." 
But as the eastern nations acquired freer communi- 
cation with the Holy See, and as the countries of 
North America, particularl} 7 in our century, made 
wonderful progress in Catholic faith, questions of 



ORIENTAL AFFAIRS. 223 

all kinds were poured upon the Propaganda in such 
numbers that it was deemed best to divide the work. 
For this purpose on January 6, 1862, Pope Pius IX. 
issued a constitution establishing- a new and special 
Congregation for the treatment and direction of all 
the affairs of the oriental churches or rites. 

These points ma} 7 be noted in the constitution 
of Pius IX. 1°. All the affairs which heretofore 
pertained to the Congregation for the Propagation 
of the Faith, shall be divided for the future into two 
classes, namely, into affairs of the Latin rite, and 
into affairs of the oriental rite; in such a way that 
the new Cong-regation shall treat all the affairs of 
the orientals, even mixed ones which either because 
of persons or things are connected with the Latins, 
unless this newly-organized Congregation shall at 
times think it best to refer these things to the gen- 
eral Congregation of the Propaganda. 2°. The 
new Congregation will retain the title of Propa- 
ganda, but will add, "for the affairs of the oriental 
rite;" and it will use the same seal as the Propa- 
ganda. 3°. The new Congregation, over which the 
cardinal-prefect of the Congregation of the Propa- 
ganda will preside, will be composed of a sufficient 
dumber of cardinals of the same Congregation and 
will have its own eonsultors, and a distinct secretary 
and secretariate with its officials. The cardinals 
will divide among themselves the business proper to 
each oriental nation, so that each cardinal in a stable 
way shall have in charge the causes of one or more 
nations as it may happen in the division. In this 
way each nation will always have a cardinal-relator 
who will be able to erive the Congregation most 



224 THE ROMAN COURT. 

accurate information on all affairs which belong- to it. 

226. Both these divisions of the Propaganda, 
however, constitute but one general Congregation. 
And although each division has its own secretary, and 
its own office and officials, still both have the same 
prefect; and all the cardinals of both divisions unite 
In the general assembly of the Propaganda. 
Further, in order to secure uniformity of action and 
concord in the work of propagating the faith, the 
offices of both divisions are adjacent to each other in 
the palace of the Propaganda, and the secretaries of 
both Congregations or divisions meet in the particu- 
lar assemblies held before the cardinal-prefect, and 
each gives his opinion of all affairs, even those of the 
other division of which he has no charge. 

At the present time twelve cardinals are in charge 
of the eastern affairs. They are assisted by sixteen 
consultors, four minutanti and seven interpreters. 

227. There are two kinds of meetings of the Con- 
gregation of the Propaganda; the ordinary or par- 
ticular and the general. The ordinary meetings are 
held usually even' week at the rooms of the cardi- 
nal-prefect general, and at them are present only 
the secretaries of each division and a few minutanti 
and officials. In these ordinar} 7 meetings the busi- 
ness which has come in by letters and reports of 
missionaries or others, is brought up and the causes 
and business which must be referred to the general 
assembly of the Propaganda and to the Holy Father 
are placed aside. The other matters of lesser 
moment are decided and expedited by the car- 
dinal-prefect and the secretary of the division to 
which the matter belongs. In these meetings also 



TRIALS BEFORE PROPAGANDA. 225 

some matters are brought up, on which it is advisable 
to obtain the votum or opinion of the consultors, 
who are selected either by the cardinal-prefect or the 
secretary. Ordinarily a cause is referred only to 
one consul tor; but some are so intricate that several 
opinions are desirable before the matter is referred 
to the general assembly of the Propaganda for 
decision. 

228. The general assembly or Congregation of the 
Propaganda is held usually once a month on Mon- 
day, or whenever called, in the palace of the Propa- 
ganda, and at it are present all the cardinals of the 
Propaganda and the secretaries of both divisions. 
This meeting is not secret, but open to those who 
may wish to attend, if they are properly introduced. 

Most of the business of the Propaganda, from the 
nature of the Congregation, is done economically and 
extra-judicially. But because many questions must 
arise between missionaries, especially of different 
religious orders, which require thorough examina- 
tion, the Propaganda necessarily hears and decides 
also contentious causes. This necessity is all the 
greater, now that the ordinary hierarchy is estab- 
lished in many countries still subject to the Propa- 
ganda. Contentious causes from such dioceses are 
1 rented in accordance with the general rules of 
canon law, as well as under the enactments which 
arc peculiar to those countries. 

22'K All such questions, then, the Congregation 
decides by using the summary form of trial. And 
indeed up to our time the parties to a controversy 
could employ advocates in judicial causes, either 
criminal or civil, and could oiler the cardinals of the 



22(, THE ROMAN COURT. 

Congregation allegations and arguments prepared 
by them. But to-day, on account of abuses, most 
likely because business of great importance which 
should have been kept secret was divulged, it was 
ordered that advocates should no longer be admitted 
for defending causes. This, however, does not pre- 
vent parties to a controversy from preparing their 
side of the case in writing and being guided by a 
canonist in arranging their argument. The defense 
and argument, however, must be presented in the 
name of him who is a party to the cause and not in 
the name of his advocate as formerly. All such 
communications are to be offered to the cardinal- 
prefect, who will see that they receive proper atten- 
tion. The Latin, Italian or French language must 
be used, not the English. 

230. Matters brought before the general Congre- 
gation of the Propaganda are either reported by the 
secretary at the time of meeting or are printed and 
distributed to the cardinals several days before the 
meeting. In the former case the secretary verbally 
gives the cardinals gathered in Congregation a 
compendious exposition of the statements made by 
both parties to the controversy, as well as all docu- 
ments bearing on the case. All these papers, when 
they were presented to the cardinal-prefect by the 
parties to the controversy, were carefully examined 
by the officials, and the points w^hich made for each 
side arranged so that the secretary could easily com- 
bine them in his report to the meeting. 

When the secretary concludes his report the car- 
dinals discuss and decide the matter. A majority 
vote is definitive in any cause. The decision is then 



CAUSES BEFORE PROPAGANDA. 227 

referred to the Holy Father and the decree which is 
issued mentions his assent. 

231. When matters of a complicated or serious 
nature are in question, the cause is brought before 
the general Congregation in folio or in printed form. 
Such matters are usually first given to a consultor 
who will thoroughly examine both sides of the case 
as presented by the written petitions, testimony and 
arguments. He will then quote the laws bearing' on 
the case and sum up the whole matter in an opinion 
or votum. This opinion, together with a proper 
synopsis of the whole cause and the dubia on which 
the vote is to be taken, is printed, and copies are dis- 
tributed to the cardinals several days before the 
general. Congregation. In the meantime all 
the cardinals study the matter for themselves, 
and betimes also others give them outside informa- 
tion. Hence they are usually prepared to give suf- 
frage and decide the matter without much discussion 
in the assembly. The decree issued by the Congre- 
gation in such matters is always referred to the Sov- 
ereign Pontiff together with a report of the cause. 
Usually he approves at once, but he h.is been known 
to order some decrees to be modified before approv- 
ing them. 



CHAPTER XII. 

CERTAIN RULES OF THE CONGREGATIONS. 

232. Experience has proved that the institution of 
these Congregations in the Roman Court whereby 
the Sovereign Pontiff can so conveniently be assisted 
by the cardinals, is a most wise arrangement. The 
Sacred Congregations constitute so many tribunals 
of the Holy See and proceed in the name and author- 
ity of the Pope; and therefore each in its own pro- 
vince is a supreme tribunal to which all the faithful 
are bound to yield obedience, no matter what their 
dignity or position in the Church. For this reason 
no appeal can be taken from one tribunal or Congre- 
gation to another; but if the parties in litigation 
desire a re-hearing - it must be had before the same 
tribunal, the proper permission being- first obtained 
from it. 

233. Certain criteria may be laid down for the 
better understanding- of the working's of the Congre- 
gations. In the first place, these Cong-regations are 
tribunals of the Holy See in the external and visible 
g-uidance of the universal Church. Hence all the 
business transacted in these Congregations pertains 
to the external forum of the Church, and all peti- 
tions and recourse must be made with the name of 
the petitioner expressed. Affairs which belong to 



BISHOPS ARE CONSULTED. 229 

the forum of conscience are referred to the Sacred 
Penitentiary. 

The second criterion: To each Congregation a 
particular kind of business is assigned, as is appar- 
ent from the bull of institution and from the name 
itself of the Congregation. But excepting the 
questions which are characteristic of the various 
Congregations, as questions of faith for the Holy 
Office, of books for the Index, of interpreting the 
disciplinary decrees of Trent for the Congregation 
of the Council, excepting, then, such questions, in 
the course of time it has become customary for one or 
another of the Congregations indiscriminately to 
treat questions of lesser moment. In fact Innocent 
XII. on June 4, 1692, in his constitution, Ut occura- 
tur, decreed that memorials rejected by one Congre- 
gation should not be received by another; further, if 
a favorable reply is obtained from this second Con- 
gregation it is declared utterly null and void. Hence 
when it becomes known that an application made to 
one Congregation has previously been made to 
another, a repty is made saying, "Recourse must be 
had to the former Congregation." 

234. The third criterion: In the Sacred Congre- 
gations, business is usually not done without first 
hearing the ordinary of the petitioner or the superior 
general or provincial of the order whose members or 
rights may be affected by the business. For this 
reason, it is the practice of the Roman Court to ask 
from the ordinary or religious superior information 
and a votum or opinion on the recourse or petition 
which has been received. 

Moreover, if the business touches some third per- 



230 THE ROMAN COURT. 

son, in the request for information the clause is 
added, "having- also heard those who are inter- 
ested." 

When a decision is reached a rescript is sent to the 
respective ordinary or religious superior for execu-* 
tion. The executor must execute the rescript him- 
self unless it contains the faculty for subdelegation. 
If a rescript is to be executed against an ordinary or 
religious superior it is of course not sent to him, but 
to his superior for execution. Thus a decision given 
against a bishop would be executed by the metro- 
politan or an apostolic delegate. 

235. The fourth criterion: A distinction must be 
made between extra-judicial and judicial business. 
Extra-judicial business is of greater or lesser moment. 
If the latter and it injures nobody, then such affairs 
are usually expedited by the cardinal-prefect and the 
secretary with one or more of the chief officials of 
the Congregation. And if the faculties received by 
the prefect and secretary cover the matter, a rescript 
is issued at once, otherwise application is made to 
His Holiness. But the graver extra-judicial matters, 
those which present some difficulty of law or fact 
requiring careful weighing of circumstances, are 
proposed to the general Congregation of cardinals 
and their opinion is asked. 

Affairs of a judicial kind belong to the general 
Congregation and are decided by following at least 
the summary form of trial. The point at issue is 
previously determined and the doubt or doubts are 
proposed in a certain wording for solution. The 
formulae of these doubts, if parties are contesting, 
are usually arranged by themselves or their advo- 



NO REASONS GIVEN. 231 

cates; otherwise they are determined r.x officio by 
the secretary or his assessor. This is substantially 
the litis contestio. Hence also in judicial questions 
a defense of each side is always granted and consid- 
ered; thoug-h this must be offered in writing - , not 
orally, before most of the Cong-regations. Indeed 
if either party is contumacious or negligent in offer- 
ing - a defense for his side, it is made ex officio, and 
the reasons of law and fact in his favor are explained 
in it and laid before the cardinals in Congreg-ation. 
Hence their decision is always made from a full 
knowledge of the whole case. 

236. This is peculiar to the Roman Congregations : 
they g-ive sentence purely and simply by replying 
affirmatively or neg-atively to the doubts proposed, 
or by sometimes adding - ad mentem, which means a 
special disposition of the matter; but they never 
assign reasons for their decisions. 

They represent the supreme judg-e and legislator 
in the Church, who need not explain his reasons for 
action. From this it follows, that it is not always 
sure that the cardinals are induced to give their 
decision on account of the reasons which are pre- 
sented in folio by the secretary, or on account of the 
opinions of the consul tors or the arguments of the 
parties and their advocates. For the cardinals 
themselves while studying the question before the 
meeting may be influenced by other motives than 
those offered, in deciding the matter. 

It may be added that as a rule trials before the 
Congregations, except the Holy Office and the Index, 
are public. Sometimes, however, the nature of the 
case demands secrecy and then all concerned in such a 



232 THE ROMAN COURT. 

cause, even the cardinal-judges, are bound to secrecy. 

237. Certain clauses are frequently used by the 
Congregations in deciding matters, an explanation 
of which may be useful. A decision may be rendered 
with the clause, et amplius. This means that the 
matter having been fully examined and the decision 
being unanimous, the cause will not be heard again. 
The full Congregation only can grant a re-hearing 
when this clause is attached. Et non concedatur, 
means nearly the same, that is, a re-hearing will not 
be conceded. 

If a negative reply is given to a petition, a mild 
refusal is put in the words non expcdire, it is not 
expedient. A more forcible refusal is nihil, rclatum, 
ledum. 

Nihil, or nothing, means that the petition was not 
admitted, it being entirely incongruous. Relatum 
and ledum, mean that the petition was read but not 
admitted. Non proposita, means that the Congre- 
gation prefers not to reply. Reponatur, means that 
a reply is not given, but the petition is placed in the 
archives. In deeisis or in decretis, means that this 
same petition, having been once presented and 
refused, the matter has been decided and will not be 
re-opened. Gaudeat impetratis, means, let the peti- 
tioner be satisfied with what he has already obtained. 
Speetare ad episcopum, is a clause which means 
that the petitioner should apply to the bishop 
who will follow the canonical requirements in the 
case, but he cannot act according to his own will. 
Facto verbo cum sanctissimo, means that the Con- 
gregation not having full authority in the matter, 
referred it to the Sovereign Pontiff. 



LONG DELAYS. 233 

Ad mentem, is often added to a decision and means 
either that the Congregation g-ives or explains its 
decision by private information sent to a person 
whose authority is to be saved from a public rebuke, 
or that an explanation is added to the decision itself 
in case a sentence which should be g'iven according 
to strict law is modified in this special case because 
of certain equities. Delata, means that the matter 
is deferred to another meeting, either because there 
is no time to hear it, or because further information 
is required. Delata ad primam or -primam -post 
proximam, means that the matter has been deferred 
to the next or the first after the next meeting. 
Post aquas, means that the matter has been deferred 
to the meeting after the autumn rains. Post ag-nos, 
■post reg-es, post cineres, mean respectively after 
Easter, after Epiphany, after Ash Wednesday. 

238. Experience teaches that the Congregations, 
or at least some of the officials connected with them, 
take considerable time in concluding* matters referred 
to them. Some give one reason for this delay, others 
another. As an instance of such delay, it may be 
mentioned that some consultors take over a year 
before they report on a cause referred to them. In 
the meantime most valuable interests are confused 
and not unfrequently jeopardized. Are the consul- 
tors responsible ? Must they do so much other 
work that such important causes are but secondary 
to them ? 

Again it is very noticeable that among all the 
employes of the various Cong'regations, and even of 
the Propaganda itself, which deals with all English- 
speaking countries, there are very few, scarcely any, 



234 THE ROMAN COURT. 

who know the English language, — a language which 
is used all over the globe and by more people than 
any other living tongue. The Latin, Italian and 
French are the only languages allowed before the 
Congregations. Why not allow all or none but the 
Latin exclusively ? Have not the great political 
changes freed the Roman Court from any special 
obligations in this respect? 

Having such and other facts in mind, many of the 
bishops of France in the Vatican Council issued this 
request (Martin collect, edit. 2, page 156) concerning 
those who are to be chosen for the Sacred College 
of Cardinals and the Roman Congregations and tri- 
bunals : "In the Sacred College of Cardinals and 
in the Roman Congregations and tribunals would 
that there were associated with most learned men, 
also many practical men, of those, namely, who are 
accustomed and long have had a hand in managing 
various ecclesiastical affairs; such are bishops, their 
vicars-general and officials, parish priests, the rec- 
tors of religious houses, missionaries in iniidel coun- 
tries." Another request of the same bishops tended 
to this, that the cardinals and the principal officials 
of the Roman Court should be taken from all 
nations. 



CHAPTER XIII. 

THE TRIBUNALS OF JUSTICE; THE ROTA, TREAS- 
URY APOSTOLIC, SIGNATURE OF JUSTICE. 

239. From early times, yes, from the very begin- 
ning* of the Church, the Sovereign Pontiff was sur- 
rounded by a lar^-e number of clerics who were to 
perform certain ecclesiastical or courtly duties and 
were called chaplains of the sacred palace. These 
chaplains were consulted by the Pontiff in causes for 
which it did not seem advisable to call a Consistory 
of the cardinals. Frequently, therefore, they were 
commanded to examine and report to him on partic- 
ular matters, and thus became known as the coun- 
cilors and referees of the Pope. Just as the cardi- 
nals in the course of time were assigned to different 
Congregations charged with the conduct of certain 
affairs, so likewise these clerics constituted three 
tribunals of justice in the Roman Court. These are 
the Roman Rota, the Reverend Apostolic Treasury, 
the Signature of Justice. 

240. The Roman rota, or the auditory of the 
sacred palace, is known to be of very ancient origin, 
but the precise time of its establishment cannot be 
ascertained. When after the days of Constantine 
peace was established in the Church, the Roman 
Pontiffs chose learned men from all nations of the 
Christian world for chaplains, and assigned to them 



236 THE ROMAN COURT. 

for examination and report the causes and contro- 
versies which came to the Roman Court from every 
nation. These chaplains or auditors were deputed 
not to pronounce judgment but onl} r to hear and 
report causes. From their reports and replies 
sprang the decretals which Raymond of Pennafort, 
one of the auditors of the Rota, by order of Pope 
Gregory IX. compiled into the corpus of canon law. 

241. Later, however, when the business of the 
Apostolic See increased and the Sovereign Pontiffs 
became engrossed with more important affairs, the 
faculty of not only hearing- but also deciding- cases 
was conferred upon the Rota; and under Pope John 
XXII. and his successors certain rules and statutes 
were laid down for its g-uidance in conducting- the 
business committed to it for judg-ment. 

Thus in the course of time this sacred tribunal 
became very eminent, and not only did the Popes 
refer to it the more important causes broug-ht before 
the Holy See, but even emperors and kings g-ladly 
transferred to it controversies which in any way 
concerned them. Consequently it is not surprising 
that the tribunal of the Rota became more renowned 
than all other tribunals of the city and the world, 
both because of the integrity of its judges and 
because of the wisdom, method and authority of its 
judgments. 

It is called the Rota because the auditors, seated 
in a circle, by turn examine controversies. The 
decisions of the Rota have very great weight in 
determining similar causes, and are eagerly sought 
by canonists; they are not, however, of obligation 
on anyone but the parties to the cause at issue. The 



AUDITORS OF THE ROTA. 237 

Rota must follow the law strictly in its decisions; 
while the Roman Congregations may sometimes 
modify their decisions by dispensing- from the law to 
a certain extent, because they are participants of the 
Pope's power. 

242. The judges of the Rota are called auditors, 
because when formerly they only heard cases, this 
name was given them, and now when they also 
decide controversies the primitive designation is 
retained. Before the time of Pope Sixtus IV. the 
tribunal of the Rota consisted of an indeterminate 
number of auditors; but this Pontiff ordained that 
for the future there should be twelve, neither more 
nor less. The senior auditor of the twelve presides 
over the tribunal and is called the dean of the Rota. 
At pjresent there are only five auditors. 

243. The Rota takes cognizance only of those 
causes which are committed to it by the Sovereign 
Pontiff. Usually these are not criminal, but civil 
causes which have been referred to the Holy See. 
The tribunal as a body has jurisdiction over all 
causes referred to it, even though each cause is 
assigned to a different judge by special commission. 
One peculiarity of the Rota is that if a cause is 
decided by it in the first or second instance, an appeal 
is taken to the same court in the third instance. 
This will not appear so strange when it is recollected 
that causes before the Rota are usually not judged 
by all the auditors, but by one on the vote of four 
others. Each cause brought in is assigned to the 
auditor whose turn it is to receive one. He is called 
the proponent of the cause, and in making his decis- 
ion and passing sentence is bound to follow the votes 



238 THE ROMAN COURT. 

of the four auditors who sit next to him on the left. 
He himself has no vote, although he renders the 
decision. When therefore a cause comes up again 
on appeal, it rarely happens that it is committed to 
the same auditors. Sometimes, however, the com- 
mission reads that the cause must be judged by all 
the auditors. Then there can be no appeal to any 
other tribunal, but only a re-hearing by the Rota, if 
sufficient new evidence is produced to warrant such 
an order. A recourse may be had to the Pope from 
a decision of the Rota, because the Rota does not 
issue pontifical sentences. 

244. The Rota at one time had very extensive juris- 
diction in civil causes, especially for the pontifical 
states, and was used as a supreme court. This is 
one reason why causes from the universal Church 
began to be seldomer referred to it. Another is that 
with the increasing number of Congregations of 
Cardinals and their better acquaintance with law, 
the cardinals began to treat many causes that for- 
merly went to the Rota. With the loss of the tem- 
poral power came the withdrawal of all civil causes 
from this tribunal; so that to-day the auditors of the 
Rota are assigned to other work than the hearing 
and deciding cases. Most of them are appointed to 
the various Congregations of Cardinals as consul- 
tors. 

Still the college of auditors even now preserves its 
existence as a tribunal for the special assistance of 
the Sacred Congregation of Rites. The auditors 
collectively decide by a deliberative vote the worth 
of a process for the beatification or canonization of 
servants of God. Also, the Rota as a tribunal, is 



WORK OF AUDITORS. 239 

authorized to decide questions of precedence which 
may arise between ecclesiastical persons, and which 
being- referred to the Congregation of Rites, are by 
the cardinal-prefect of the Congregation sent to the 
Rota to be examined and definitely decided. 

245. The auditors of the Rota are chosen from 
various nations and hold their office for life, unless 
they resign or are deprived of it because of crime. 
Three of the auditors are selected from the city of 
Rome, one from France, one from Austria, two from 
Spain and the others from different parts of Italy. 
Whenever a vacancy occurs it is filled from the city 
or country whence the retiring* auditor was selected. 
There are so many formalities necessary for the recep- 
tion or admission of an auditor, that the appointee is 
apt to lose all patience. Likewise the expenses are 
so great that few covet the position or at least the 
admission to the circle or Rota. 

246. Each auditor is obliged under pain of excom- 
munication to be incurred ipso facto to preserve 
secrecy in regard to all votes given not only tw himself 
but by his associates; and he is obliged to a like 
secrecy in regard to all matters which are treated 
collectively by the Rota. This is the decree of 
Urban VIII. The auditors are each allowed the 
help of a canonist who is called the auditor of study. 
He thoroughly examines each case and assists the 
auditor in preparing- decisions. Another assistant is 
also allowed each auditor. Both of these assistants, 
however, are bound to the same secrecy as the 
auditor himself, and before beginning work must 
make an oath before the auditor to preserve secrecy 
in regard to the designated matters. 



240 THE ROMAN COURT. 

247. The judges of the Rota, besides being - judges 
of causes, are at the same time chaplains and sub- 
deacons to the Sovereign Pontiff, and as such have a 
special office to fulfil in sacred functions. The office 
of auditor is therefore twofold, ministerial and judi- 
cial. Whenever the Pope solemnly celebrates, the 
auditors by turn serve him as sub-deacon; two of 
the older auditors assist the Pope to vest and unvest, 
and two others hold up the edges of his vestments. 
The others, in cotia and rochet remain near, ready 
to perform the duties assigned by the master of 
ceremonies according to the solemnity of the occa- 
sion. When the Pope does not celebrate but only 
assists at Mass, then the dean and the four senior 
auditors assist as above at the vesting and unvest- 
ing. The last auditor brings in the chalice. The 
auditors of the Rota have the right to wear a purple 
cassock and a hat bound with the same color. They 
may also use the cappa and maniellelta in various 
functions, and everywhere and in presence of every- 
body are allowed to wear the rochet. 

248. Not unfrequentl} T the auditors of the Rota 
are chosen bishops or archbishops or are sent as 
apostolic nuncios to kings and emperors. At times 
an auditor who has been made bishop desires to 
retain for a while the office of auditor, and in the 
meantime rule his diocese by a vicar. In such a case 
he is not called an auditor, but locumtenens. The 
reason is that as bishop he is the brother of the 
Pope and cannot therefore be his chaplain. For 
this reason he ceases to be an auditor strictly speak- 
ing and is called locumtenens of that office. 

249. The reverend apostolic camera or 



APOSTOLIC TREASURY. 241 

TREASURY is another tribunal of justice in the 
Roman Court. Just as the Pontiff was accustomed 
to commit juridical causes to his clerics, so likewise 
did he commit to them the different cases which 
occurred in the administration of the public treasury, 
and in contentious jurisdiction regarding- fiscal 
affairs. But for a long- time the power of one 
official, the cardinal-chamberlain, who had great 
authority as the presiding - officer of the Apostolic 
Treasury, interfered with the establishment of a 
separate tribunal for the examination and determina- 
tion of causes arising- out of financial matters. 

250. The cardinal-chamberlain was very promi- 
nent and formerly had a number of administrative 
officials subject to him, chief among- whom was the 
governor of the city of Rome, also called the vice- 
chamberlain. The treasurer and the auditor gen- 
eral of the Apostolic Camera were likewise under 
the power of the cardinal-chamberlain. To the aud- 
itor g-eneral of the treasury, however, much of the 
power of the cardinal-camerleng-o was transferred, 
so that he possessed full jurisdiction in criminal 
affairs, the rig-ht to execute pontifical briefs, and 
authority over the officials of the curia. The power 
of the cardinal-camerleng-o having g-radually been 
restrained, not only did these three administrative 
officers become independent of him, but the whole 
treasury department acquired a tribunal of its own. 

251. When first established, this tribunal consisted 
of 1 welve associates, but now consists of nine. Each 
one of these is the head or chief of a certain depart- 
ment of administration, and as such constitutes a 
particular tribunal from which an appeal may be 



242 THE ROMAN COURT. 

taken immediately to the general tribunal of the 
treasury. 

As regards the universal Church mention should 
be made of the fact that fiscal matters may he 
brought before the auditor of the Camera or Treas- 
ury in the second instance and then to the full or 
general tribunal of the Camera in the third instance. 
The auditor of the Apostolic Camera is even at this 
day the executor of apostolic constitutions and decrees 
of the Sacred Congregations. 

252. The signature of justice at the present 
time is a college of clerics which is presided over by 
a cardinal-prefect and whose work is to examine and 
report to the Sovereign Pontiff on various petitions 
for justice which are presented to the Apostolic See. 
These petitions are either signed and granted by the 
Pope or referred to judges for trial. Hence the term 
signature. From the time of Innocent VIII. affairs 
of mere favor were separated from those of justice, 
and Sixtus V. deputed thirty referees to report on 
affairs of justice. Of these thirty, twelve enjoy the 
privilege of voting on questions brought up, and 
they are called voting- referees. Alexander VII. 
constituted these referees into a college. The Sig- 
nature of Justice on account of its work of reporting 
directly and immediately 'to the Pontiff has obtained 
the authority of a supreme court or court of cassa- 
tion. At present the Signature of Justice has six 
voting prelates and seventy-four referees. The pre- 
fectship is vacant. 



CHAPTER XIV. 

THE TRIBUNALS OF FAVOR; THE SIGNATURE OF 
FAVOR, THE DATARY, THE SACRED PENITEN- 
TIARY. 

253. Besides the tribunals of justice there are in 
the Roman Court three tribunals of grace or favor ; 
the Signature of Favor or Grace, the Dataiw aud the 
Sacred Penitentiary. 

The signature OF favor is a tribunal for the 
examination of various matters of favor and for 
reporting on them directly to the Sovereign Pontiff. 
After Pope Innocent VIII. separated the two kinds 
of petitions, those of justice from those of favor, this 
tribunal was established to report to His Holiness on 
the matter of the petitions for favors which were 
addressed to the Holy See. It takes cognizance only 
of extraordinary, not ordinary matters. These 
extraordinary matters the Pontiff reserves to him- 
self, and after consulting- the Signature of Favor 
concerning- them, renders a decision. Very often he 
does not consult even this tribunal, but having 
advised with his own auditor, announces his decision 
and grants or refuses the petition. 

254. The Sig-nature of Favor is in a certain sense 
a forum of equity against the excessive rigor of the 
laws in some particular cases. For while the laws 
may strictly demand certain thing's, these demands 



244 THE ROMAN COURT. 

may be remitted by way of favor by the Sovereign 
Pontiff. The petitions for favors, however, are 
usually subjected to strict examination, and for such 
examination this tribunal was established. A car- 
dinal-prefect is assigned to the Signature of Favor, 
but his office is only titular. Besides the twelve 
voting 1 referees of the other signature — that of jus- 
tice — the auditor of the treasury, the treasurer, the 
datary, the dean of the Rota, the regent of the 
chancery, the auditor of His Holiness and three 
other participating referees constitute the Signature 
of Favor, when fully organized. 

255. The Signature of Favor or Grace examines 
petitions for extraordinary favors asked from the 
Holy See. The tribunal of THE datary, how- 
ever, attends to ordinary petitions, and grants peti- 
tions and dispensations concerning matters which 
are reserved to the Pontiff in the external forum. 
Formerly the Datary and the Apostolic Chancery 
were one and the same tribunal, but in the course of 
time, because of the pressure of business, they were 
divided into two tribunals. Though the precise time 
when the Datary was established, or when this divis- 
ion took place, cannot be ascertained, still it is cer- 
tain that in the year 1216 when Honorius III. 
ascended the pontifical throne, the Datary already 
existed. The Datary is so called from the fact that 
papal concessions or favors were properly dated and 
the date registered by an official of the pontifical 
court. He needed several assistants and thus in the 
course of time this whole department of the chan- 
cery was separated and made a distinct tribunal. 

256. The favors which are granted through the 



TRIBUNAL OF THE DATARY. 245 

Datary are: The conferring- of benefices which are 
not consistorial, the reservations of pensions from 
benefices, concessions of prelatial insignia such as 
the right to use the capfta magna, dispensations in 
irregularities, matrimonial dispensations and such 
like public favors. 

Pope Benedict XIV. in his constitution, Gravissi- 
mam, of December 6, 1745, determined what favors 
and business should be granted and done through the 
Datary, what through the Secretariate of Briefs 
and what through the Sacred Penitentiary. In the 
same constitution he assigned to the Datary author- 
ity over all concessions for which a tax is to be paid 
to the chancery, or for which some compromise is to 
be made, to the Datary. 

257. These taxes or assessments for favors granted 
by the Apostolic See have been in vogue for cen- 
turies and also have been sanctioned by general 
councils of the Church. The revenues thus received 
through the Datarj' are partly spent in paying sala- 
ries to the officials of the tribunal itself, partly in 
paying the salaries of officials connected with other 
tribunals and with the Congregations of Cardinals. 
What is left is devoted to pious works. The salaries 
received by some of these officials are meagre indeed. 
Some of the Monsignori who hold prominent posi- 
tions receive only thirty dollars a month, and are 
supposed to spend the time between 10 o'clock a. m. 
and 4 o'clock p. m. in their offices. 

258. The officials of the Datary are: 1°, The 
datary who is the head of the whole tribunal. If he 
is a cardinal, as is usually the case, he is called the 
pro-datary, because the position of datary is not a 



246 THE ROMAN COURT. 

cardinalitial office; 2°, the sub-datary; 3°, the pre- 
fect of the office which is called "through death;" 
4°, the prefect of the office which is called "conces- 
sion;" 5°, the general administrator of affairs to be 
compromised; 6°, his substitute; 7°, the treasurer of 
the datary; 8°, the prefect of requests granted; 9°, the 
reviser of matrimonial dispensations; 10°, the second 
reviser of petitions on benefices; 11°, the first reviser 
of the same; 12°, the official for matters sent; 13°, 
the substitute for the sub-datary; 14°, the substitute 
tor the official "through death;" 15°, the official for 
briefs; 16°, the substitute for the reviser of matri- 
monial dispensations; 17°, the reviser of accounts or 
taxes; 18°, the writer of bulls to be issued secretly; 
19°, the keeper of petitions and of the register of 
bulls; 20°, the official for collating extracts from 
briefs and bulls; 21°, the notary of processes for 
promotion to cathedral churches; 22°, the accountant; 
23°, the notary; 24°, about thirty inferior officials. 
Except the cardinal-pro-datary, the siib-datary, the 
prefect of favors granted and the notary for promo- 
tions to cathedral churches, all these officials are 
signori and not clerics. 

259. The name of datary is supposed by some to 
be given the head of the tribunal, because formerly 
he dated the dispensations and other favors granted 
by the Sovereign Pontiff. Others say he is called 
datary, because he has so much to do with granting 
these favors. The Pope, however, and not the 
datary grants all favors. 

Originally the office of datary was filled by a pre- 
late and not by a cardinal. Hence when it began to 
be -filled by a cardinal, he was called pro-datar} 7 , lest 



OFFICIALS OF THE DATARY. 247 

the cardinalitial dignity might seem lowered by fill- 
ing- an office formerly held by a prelate. For the same 
reason, when a prelate who is nuncio to a court must 
remain there for a time after he becomes a cardinal, 
he is then called no longer nuncio, but pro-nuncio. 

260. In ever3 7 thino- that is done through the 
Datar} 7 , the cardinal pro-datary represents the Pope; 
so that ever} r thing done by him in his official capacity 
is as valid as if done by the Pope personally. At 
the death of the Pontiff the jurisdiction of the car- 
dinal-pro-datary expires. And then all the peti- 
tions and favors not yet expedited, even though 
granted, are placed in a sealed case and given into 
the custody of two prelates. This transfer is made 
usually at the first meeting of the cardinals after 
the death of the Pontiff. 

The sub-datary assists the cardinal-pro-datary 
and supplies his place even in regard to the matters 
which must be referred to the audience of the Holy 
Father. He sig'ns briefs and copies, and holds the 
first place among all the officials after the cardinal. 
He lives in the palace of the Datary and is usually a 
domestic prelate. 

261. The office of the official "through death," 
means the office of the official who has charge of 
those matters coming to the Datary because of a 
vacancy through death. Such matters relate espec- 
ially to benefices vacant through the death of their 
incumbents. Many benefices are reserved to the 
Holy See, and much of the detail work connected with 
them is done under the direction of this official. 

Every day, in the morning, there is a meeting of 
the Datary, at which the cardinal-pro-datary, the 



248 the; roman court. 

sub-datary and the official "through death" are 
present. The cardinal, with the consultive vote of 
the sub-datary and the official, weighs and deter- 
mines the business of the tribunal. The matters to 
be referred to the Sovereign Pontiff are arranged, 
and later the same day are presented for the assent 
of His Holiness; because he and not the cardinal- 
pro-datary grants the favors of the Datary. They 
are then expedited through the proper officials. 

261. The sacred penitentiary is a tribunal of 
the Roman Court established especially for the forum 
of conscience, that through it the Holy See may 
give absolution from sins and censures specially re- 
served to it; that, moreover, it ma}' grant dispensa- 
tions from vows, from the obligation of reciting the 
office, from occult impediments and irregularities, 
and that it may decide doubts of conscience for those 
whose anxiety induces them to apply for an author- 
itative solution. 

262. Not a few of the learned trace the institution 
of this tribunal, or at least the idea of it, back to 
the time of St. Cornelius and St. C}'prian, when cer- 
tain priests were specially commissioned to absolve 
those Christians who unfortunately had fallen away 
from the faith because of the raging persecution, 
and who wished to be restored to the bosom of the 
Church. They say also that the dignity of the major 
penitentiary which for many }^ears past has been con- 
ferred only on a cardinal, was instituted by Pope 
Benedict II. From his time up to the reign of 
Pius IV. the power and jurisdiction of the tribunal 
and of the cardinal were very great, so that not only 
matters of conscience and occult impediments and 



THE SACRED PENITENTIARY. 249 

irregularities, but also public impediments came 
under the competency of this tribunal. Pope 
Pius IV., however, and especially Pope Pius V., 
restricted these faculties; and later Pope Benedict 
XIV. re-arranged the whole tribunal, so that now it 
dispenses only in occult impediments and irregulari- 
ties, and decides cases of conscience properly referred 
to it. In the case of the poor, however, it grants 
all, even public dispensations, g-ratuitously, which 
otherwise would have to be obtained from the Dat- 
ary and for which the usual tax would be charg-ed. 

263. The persons who constitute the Penitentiary 
are : The major penitentiary, the regent, the theo- 
logian, the datary, the corrector, the sealer, the 
canonist, four procurators or secretaries and four 
ordinary writers. Besides these, there are three 
minor penitentiaries who hear confessions in the 
basilicas of St. John Lateran, St. Peter and St. 
Mary Major, for which they use faculties granted 
them by the major penitentiary. There is also a 
chaplain or guard of the Penitentiary, an archivist 
or an assistant sealer who helps the sealer. 

All these persons have a life tenure, and except in 
the case of legitimate deprivation, their offices are not 
supposed to be vacant unless throug-h free resigna- 
tion or through promotion to the cardinalate or to a 
bishopric requiring- residence, or through transfer to 
another office of the same Penitentiary. Each pre- 
late connected with this tribunal — they are all pre- 
lates — before taking office makes oath that he will 
faithfully and g-ratuitously execute his office, that 
except his salary he will accept no money from any- 
one, even if gratuitously offered, and that he will 



250 THE ROMAN COURT. 

inviolably keep secret the cases, persons and busi- 
ness of the Sacred Penitentiary. 

264. The major penitentiary, according - to the con- 
stitution of Benedict XIV., is to be at least a cardi- 
nal-priest of the Holy Roman Church, who is a 
master in theology or doctor in canon law. He shall 
be chosen by the Roman Pontiff and appointed by 
letters in the form of a brief. He shall personally 
exercise his office, but if absent or impeded for some 
cause approved by the Pontiff, he himself shall ap- 
point another cardinal with the aforementioned qual- 
ifications to take his place. The cardinal thus 
appointed pro-penitentiary shall fulfil this duty him- 
self and in his own name expedite letters. If during - 
a vacancy in the Holy See, the cardinal penitentiary 
should die, a cardinal pro-penitentiary shall be 
chosen by the majority of the cardinals and shall 
serve until the election of the new Pontiff. 

The chief duty of the major penitentiary is to 
carefully use the faculties granted him. During" 
Holy Week he is to hear confessions and grant indul- 
gences in the three great basilicas of Rome; in St. 
John's on Palm Sunday, in St. Mar3 7 's on Wednes- 
day, and in St. Peter's on Thursda} r and Friday. 
Finally he is to assist the Roman Pontiff in his ag-ony, 
and g-ive him spiritual aid and consolation. 

265. Of the other officials, the reg-ent, the theo- 
logian, the datary, the canonist, the corrector and 
the sealer, must be priests of conspicuous learning" 
and integrity. They shall be selected with great 
care by the major penitentiary, and after being" pre- 
sented to the Roman Pontiff, if they deserve his con- 
firmation, shall be admitted to their offices by letters 



SELECTION OP OFFICIALS. 25 1 

patent of the major penitentiary countersigned by- 
one of the secretaries. The offices of the procura- 
tors and secretaries shall be filled by concursus, held 
under the direction of the reg-ent and the corrector, 
who shall, moreover, diligently inquire into the life 
and character of the applicants for the positions, 
during- the six days which must elapse before the 
office can be filled. The appointees shall be entitled 
to their offices on receiving- letters patent of the car- 
dinal penitentiary. 

266. The reg-ent according- to ancient custom is 
one of the auditors of the Rota or sacred palace. 
His duty is to direct the affairs of the tribunal, 
and diligently examine all matters broug-ht before 
it. Nothing- can be undertaken by the secretaries 
without his assent, even if there is no difficulty in 
the case. In doubtful matters he consults the car- 
dinal penitentiary, and later these matters are decided 
in the sig-nature or meeting- of the officials which is 
held on stated days. But in routine cases the reg-ent 
examines and expedites the petitions in a meeting- of 
the procurators held each week at his order. 

The corrector is to examine and correct the letters 
prepared by the secretaries, and if necessary cause 
them to be re-written, so that they may be in proper 
style, clean and without erasures when transmitted 
to the parties to whom they are addressed. The 
datary affixes at the bottom of the letters the place, 
day, month, year of the Christian era and of the 
reigning" Pontiff when the petitions were granted. 

267. The theologian consultor is a member of the 
Society of Jesus, and his duty is to g'ive his opinion, 
in writing if necessary, on difficult cases or petitions 



232 THE ROMAN COURT. 

which are referred to him by the cardinal or the 
recent of the tribunal. The canonist, also, when 
requested by the cardinal or the regent shall give 
his opinion on cases referred to him. The sealer 
shall examine and if found properly written affix the 
seal of the tribunal to all letters sent out by the Pen- 
itentiary. He shall also have charge of the archives 
and registers of the tribunal, and in this duty ma) 7 have 
the assistance of the pro-sealer. This latter official 
shall have charg'e of the revenues of the tribunal. 

268. The procurators or secretaries shall carefully 
examine all letters received, and if the case permits, 
make digests of them. Then they shall refer all to 
the cardinal or to the regent and make no reply what- 
ever without his order. They shall prepare all 
replies according to the set forms adopted in the 
Penitentiary. In this and in keeping the records 
the} T shall be assisted by four writers or copyists. 
The duty of the chaplain, who shall be a priest, or 
at least a cleric in major orders, is to act as janitor 
or guard to the hall where the meeting of the 
officials of the Penitentiary is held; and to give 
proper notice of these meetings to the various mem- 
bers of the tribunal. 

269. The faculties of the major penitentiary are 
very ample and cover most cases of conscience. But 
if he has no faculties, he can always receive them by 
word of mouth from the Pontiff, and therefore it is 
not necessary for anyone to inquire whether or not 
the Sacred Penitentiary has faculties for such or such 
a case. In regard to all doubts in the matter of sins 
the cardinal penitentiary has unlimited jurisdiction. 

All dispensations, absolutions and other favors are 



FACULTIES USED GRATUITOUSLY. 253 

granted b} r this tribunal absolutely gratuitously. 
The names of the persons for whom favors are 
requested need not be mentioned, but an address 
must be g-iven whereto a reply should be directed. 
The English or any other language may be used in 
the application, but the reply will be made in Latin. 

270. The case must be clearly stated and the true 
reason g-iven for the recourse, for if the true reason 
is concealed and a false one g-iven, any dispensation 
founded on it will be null and void. Fictitious names 
may be used; but the case itself must be stated 
truthfull} T . A confessor may apply to the Sacred 
Penitentiary for absolutions and dispensations which 
the bishop has faculties to grant. And at times on 
account of circumstances it is advisable to do so, 
particularly if there is danger of the seal of confes- 
sion being infringed, or of the bishop in some way 
becoming acquainted with a matter which should be 
kept absolutely secret from him. 

When application is made to the Penitentiary in 
such a case, mention had better be made of the rea- 
son for not applying - to the bishop of the diocese. 
The envelope containing the letter should be directed 
to : The Most Eminent Cardinal Major Peniten- 
tiary, Rome, Italy. The letter should begin with 
the words : Most Eminent and Most Reverend Sir. 
The etiquette of the Roman Court requires that all 
letters sent to cardinals should be commenced about 
half way from the top of the first page. At the 
bottom of the letter the address to which a reply 
should be sent is added in these or similar words : 
May your Eminence deign to direct the reply to . 

271. Careful attention should be g-iven to the for- 



254 THE ROMAN COURT. 

mulas used in the reply from the Penitentiary. 
Ordinarily the dispensation or faculty for absolving 
is sent to the person appl} T ing for it, but it can be 
applied only b}^ a confessor, who, however, may be 
selected by the person himself. At times also the 
reply contains the condition that the confessor to 
apply this dispensation or to use this faculty for 
absolving, "must be a master, that is, licentiate or 
doctor, in theology or a doctor of canon law." In 
such a case no other confessor can use the faculty. 
Further, a person who has only honorary degrees, 
except they be from the Pope, is not considered com- 
petent in such cases nor does he fulfil the required 
condition. 

272. Except in occult cases, the Sacred Peniten- 
tiary does not grant dispensations unless the appli- 
cants be poor. In such circumstances this tribunal 
grants dispensations also for public impediments. 
From reserved sins and censures, however, it grants 
absolution, whether they be hidden or public; with 
this difference, that if the cases be secret it grants the 
necessary faculties to the confessor, but if the cases be 
public, it sends the necessary faculties to the ordinary 
of the diocese from which the application came. • 

The faculties of the major penitentiary for the 
external forum expire with the death of the Roman 
Pontiff; but those for the forum of conscience are 
perpetual and continue also during a vacancy in the 
Apostolic See. All decisions of the Penitentiary are 
issued in the name of the major penitentiary, not of 
the tribunal. 

273. It is customary for the tribunal of the Peniten- 
tiary to use many peculiar abbreviations in its replies. 



PECULIAR ABBREVIATIONS. 



255 



That such abbreviations may not be misunderstood, 
and necessary conditions thereby be omitted, an 
explanation of the most frequent ones is inserted: 



archiepus archbishop 

air otherwise 

als otherwise 

absoluo absolution 

aplica apostolic 

autte authority 

appbatis approved 

cardlis cardinal 

canice canonically 

cen censures 

Xtus Christ 

confeone confession 

coione communion 

conscia? conscience 

discreoni .- discretion 

dnus lord 

ecclae church 

eff us effect 

exit exists 

ecclis ecclesiastics 

epus bishop 

excoe --- excommunication 

f r brother 

f rum brother 

g-nali general 

humoi of this kind 

humilr humbly 

infraptum — undersigned 

irregulte irregularit} 7 

igr therefore 

lia license 

ltima legitimate 

lrae letters 

lite licitly 

mrimonium matrimony 



magro master 

mitaone mercy 

mir mercy 

nulltus not at all 

ordio ordinary 

ordinaoni ordination 

Pp pope 

pr father 

pontus pontificate 

ptus aforesaid 

ptur is preferred 

pntium present 

pbter priest 

poenia penance 

poenaria -- penitentiary 

poe can 

pror procurator 

qtnus in as far as 

qmlbt in some way 

qd which or what 

relari regular 

relione religion 

Roma Roman 

sntae or stae hoW 

saluri salutary 

sentia sentence 

spealtr specially 

supplibus- supplications 

spualibus spiritual 

tn nevertheless 

tm only 

thia or theolia- theology 

tli title 

venebli venerable 

vrae your 



CHAPTER XV. 

THE TRIBUNALS OF EXPEDITION; THE ROMAN 
CHANCERY, THE SECRETARIATE OF BRIEFS, THE 
SECRETARIATE OF STATE, THE SECRETARIATE 
OF MEMORIALS. 

274. The tribunals of expedition in the Roman 
Court are those through which apostolic letters are 
issued. Chief among- them is the apostolic chan- 
cery, through which in proper form pontifical bulls 
and apostolic letters regarding - matters treated in 
the Consistory are expedited. The Chancery pre- 
pares and expedites these bulls and letters according 
to the petition signed by the Pope in the Datary, if 
there is question of benefices, or of matrimony, and 
according- to the consistorial schedule signed by the 
Pope in the Secretariate of Briefs, if there is question 
of consistorial affairs, such as appointments to 
bishoprics or similar important matters. 

275. The chief officials of the Chancery are: 1°, 
The cardinal vice-chancellor, who is also the sum- 
mista; 2°, the regent, and 3°, the sub-summista, 
both of whom are prelates. Then there are others 
who are not prelates, viz.: 4°, the substitute of the 
summista; 5, the president of the lead seal; 6°, the 
sealer; 7°, the notary secretar} r ; 8°, the keeper of the 
chancery, 9°, the substitute for contradictory claims. 
Attached to the Chancery is a college of seventeen 



ORIGIN OF CHANCELLORS. 257 

prelates, abbre viators of the larger room (parco), so 
called from the place where they gather and perform 
their duties. Three of these seventeen prelate 
abbreviators are acting- and fourteen supernumerary. 
Six sigmori are substitutes for them. With the 
exception of the prelates mentioned above, all the 
Chancery officials are sig-nori, not clerics. 

276. The name and office of chancellor is most 
ancient in the courts of secular princes. In the 
Roman Court the office itself is very ancient, but the 
name seems to have been introduced only about the 
year 850. From the first ag-es the Roman Pontiffs 
had about them some clerics who wrote and expe- 
dited letters in their name. St. Jerome testifies 
that he thus assisted Pope Damasus. Still these 
clerics were not called chancellors, but went by the 
name of notaries, reg-ionaries and librarians. In the 
ninth century, however, the word chancellor was 
introduced, derived as some say from the fact that 
the chancellor cancelled every letter with a line 
drawn through it, or, as others assert, from the 
grate behind which he sat and g-ave audience. 

277. Bonaface VIII. is said to be the first Pope 
who committed to a cardinal the office of chancellor 
of the Apostolic See. The cardinal, however, is not 
called chancellor but vice-chancellor, because for- 
merly this was not a cardinalitial office, and a depre- 
ciation of the cardinalitial dig-nit}' is supposed to be 
thus avoided. 

The cardinal vice-chancellor, as regards office not 
dignity, is greater in the Roman Court than anyone 
except the Pope, for he carries the sceptre of justice. 
He presides over the protonotaries, the officials in 



258 THE ROMAN COURT. 

charge of the archives, the auditors of the Rota, 
the secretaries and other officials. He is judg-e in 
those thing-s which concern the expediting- of bulls, 
and sig-ns all apostolic letters on ever} 7 matter, ex- 
cept those sent out over the seal of the fisherman. 
He first approves them with the letter L, which 
means that he has read them, and on the opposite 
side with the letter R, which means that he orders 
them entered in the register. Further, the cardinal 
vice-chancellor acts as secretary to the Consistory 
and writes the decrees made therein regarding- the 
titles of cardinals, promotions to'bishoprics and other 
matters, and then sees that these decrees are prop- 
erly arrang-ed in the Chancery and sent to those pro- 
moted in Consistory. 

278. By the death of the Roman Pontiff the juris- 
diction of the cardinal vice-chancellor at once expires, 
and the pontifical seal of which he has charge is 
broken before the cardinals at their first meeting- 
after the death of the Pope. The cardinal vice- 
chancellor is created vice-chancellor and summista 
by two separate bulls expedited in the Consistory 
after the election of the new Pope. As vice-chan- 
cellor, the care of the chief affairs of the Apostolic 
See devolves upon him, especially of those thing-s 
treated in Consistory. Hence when a Consistory is 
to be celebrated, on the day previous, he receives 
from the auditor of the Sovereign Pontiff or the 
national cleric of the Consistory, the consistorial 
folia, or the compendium of the preconizations. 
For it is his duty, as notary of the Sacred Consis- 
tory, to record these provisfbns, as well as all other 
acts of the Consistory, in the Chancery. 



CARDINAL VICE-CHANCELLOR. 259 

Likewise it is his duty to draw out into full form 
these and similar decrees issued by the Pope in Con- 
sistory. He also testifies in writing- to these consis- 
torial decrees, and on his testimony to their truth, 
the consistorial schedule is drawn up in the Secre- 
tariate of Briefs to which schedule the Pope affixes 
his sig-nature, and in accordance with which the bulls 
are afterwards expedited from the Chancery. 

270. All apostolic letters issued over the lead seal 
are signed by the cardinal vice-chancellor. Kven 
appointments to bishoprics, although assured by the 
aforementioned consistorial schedule signed b}^ the 
Pope himself, must neverthless be made valid by the 
bulls drawn up by the officials of the Chancery. 
The cardinal, acting as summista of the Chancery, 
oversees ths expediting of all bulls sent out by the 
office. From this summary of his work, the great 
power and immense influence of the cardinal vice- 
chancellor are apparent. But on the other hand, the 
great watchfulness which the duties of his office 
entail upon him makes his position most tr} 7 ing and 
delicate. 

280. The office of regent of the Chancery was 
established in the year 1377, when Pope Gregory XI. 
left Avignon in France and returned to Rome. 
Cardinal Manturcus at that time was vice-chancel- 
lor, and backed by Charles V. of France, refused to 
return to Rome with the Pope, but remained at 
Avignon. Gregory XI. preferred to tolerate his 
action rather than proceed against him. But in 
order to have the duties of the office fulfilled, he 
created the regent of the Chancery to take the place 
of the cardinal in his absence. Hence the recent 



260 THE ROMAN COURT. 

holds the first place in the Chancery after the cardi- 
nal vice-chancellor. He distributes the documents 
to the different abbreviators, so that they may make 
minutes of them. He signs each bull with the first 
letter of the name of the vice-chancellor. He also 
places the letters L and C near the middle and end 
of each bull, to signify that it has been read and 
corrected. Then he gives the document to the pre- 
fect of the lead seal who attaches the seal to it in the 
usual way. The office of regent of the Chancery 
formerly was a venal one, as were also man} T others, 
so that they who obtained them might sell their 
positions to others. But Pope Pius VII. abolished 
this custom in regard to the whole Chancer}'. All 
offices are now filled by appointment. 

281. The bulls b\ T which greater benefices, such 
as bishoprics, are conferred, must be countersigned 
by one of the notaries participating in the Roman 
Court in order that they may be valid. 

The substitute for contradictory claims, when 
appointed, takes the place of a tribunal which form- 
erly existed in the Chancery for the settlement of 
such claims. When opposition was made to appoint- 
ments or other favors granted by the Apostolic See, 
the officials of this tribunal examined and reported 
the matter with their opinion thereon to the cardi- 
nal vice-chancellor. Such contests, however, being 
now very rare, one official, called the substitute for 
contradictory claims, is able to attend to all such 
cases under the direction of the cardinal and regent. 
Lately the work of this official, when there is any, 
is performed by others, and the office is left vacant. 

282. The business of the Apostolic Chancery isdone 



RULES OF THE CHANCERY. 261 

according- to certain rules, seventy-two in number, 
which were first established by Pope John XXII., 
and are re-enacted by each Pope the day following- 
his election. These rules are specially in regard to 
benefices,- dispensations and other favors. By them 
the Sovereign Pontiff declares what benefices are 
reserved for his own disposal, (Rules 1 to 11) ; by 
them he revalidates letters of favor or justice 
granted by his predecessor during - the year preceding- 
his death and not 3 T et presented to their executors 
(Rule 12) ; further, he recalls certain favors or fac- 
ulties which have not yet had issue and which it is 
deemed best to submit to re-examination (Rules 13 
to 15) ; he lays down the method to be followed in 
granting - benefices, that justice may not be denied, 
and that fraud on the part of applicants may be pre- 
cluded and contests avoided (Rules 17, 48, 55, 68) ; 
ag-ain b} T other rules he determines what must be 
expressed in grants of dispensations, indulg-ences 
and other favors that the will of the granter may be 
clearly manifested (Rules 16, 49, 54) ; he also pre- 
cludes the abuse of extending- the grant beyond its 
limits (Rule 52) and of it interfering- with the rights 
of others unless they are specially mentioned (Rule 
18). In like manner he ordains by Rule 70 that the 
cardinals of the Holy Roman Church are not sup- 
posed included in any apostolic constitution unless 
they are specifically mentioned. By Rule 71 he also 
ordains that the rules of the Chancery shall not be 
supposed annulled or derogated from by any consti- 
tution or other pontifical enactment unless these rules 
are specifically mentioned in such enactment. 
lastly by Rule 72 he determines the power given to 



262 THE ROMAN COURT. 

the vice-chancellor and to the regent of the Chancery. 
The Chancery follows these rules exactly and they 
are in themselves of obligation on the whole Church. 

283. Besides the Apostolic Chancery where bulls 
are expedited in regard to consistorial and important 
church affairs, there is another tribunal for expedit- 
ing letters which concern affairs of lesser moment. 
This is called THE SECRETARIATE OF BRIEFS. 

Formerly the Chancery, Datary and Secretariate of 
Briefs were all united; but after the Datary was 
made a distinct tribunal, a second division was found 
advisable and the Secretariate of Briefs was also 
made independent. This Secretariate was brought 
about because the Sovereign Pontiffs were accus- 
tomed, with the aid of a cardinal, to attend to these 
minor concerns themselves and expedite them in the 
form of a brief. The cardinal who acted as secre- 
tary for these matters was usually one most familiar 
with the Pope and therefore was called the "cardinal 
nephew." In time the "cardinal nephew" required 
assistants, and thus the special tribunal for expedit- 
ing the minor concerns of the Holy See was estab- 
lished distinct from the Chancery. It still retains 
the marks of its institution, for its seal is the fisher- 
man's ring, which is the private seal of the Pope as 
compared with the lead seal which may be called the 
seal of state. 

284. The Secretary of Briefs is always a cardinal, 
and his position is most important and influential. 
He has charge of expediting indults for indulgences 
attached to crucifixes, beads and images, and for 
establishing private oratories with the privilege of 
saying Mass and keeping the Blessed Sacrament in 



SECRETARY OF BRIEFS. 263 

them. The Secretariate of Briefs also issues many 
rescripts of grace which are granted by the Datary; 
for the Datary receives and examines petitions, grants 
the favor asked, but sends the matter either to the 
Secretariate of Briefs or to the Chancery to have it 
forwarded to the petitioner. 

Although Pope Benedict XIV. in 1745 determined 
just what matters should belong- to the Datary and 
what to the Secretariate of Briefs, still it may safely 
be said that all provisions, favors, absolutions, dis- 
pensations which are granted by the Pope, and which 
are not sent out directly by certain Congregations, 
or by bulls of the Chancery, are expedited in the form 
of briefs by the Secretariate of Briefs. 

A prelate is the substitute for the secretary, 
besides whom there are an assessor, six minutanti, 
a jjrelate archivist, a keeper and an accountant. 
The office is at Number 8, via S. Appolinare. 

285. The Chancery, the Datary and the Secretar- 
iate of Briefs are all near each other; so that any 
matter which by mistake has been sent to one office 
can easily be transferred to another where it prop- 
erly belongs. No concern need be felt, lest the 
rescript be issued by the wrong - tribunal, for the 
officials in charge are fully conversant with the fac- 
ulties they possess. 

The original draft of every rescript or brief is pre- 
served in the archives so that there may be no ques- 
tion raised regarding its validity, and no chance for 
fraud to go undiscovered if notice is sent to the 
tribunal that expedited the rescript. 

The Secretariate of Briefs also issues letters con- 
cerning- those matters which the Pope refers to the 



264 THE ROMAN COURT. 

Signature of Justice or of Favor for examination 
and report. 

286. The Apostolic See has relations not only with 
the universal Church, in religious matters, but also 
with the civil governments of the nations of the 
world. Even now, when it has lost its temporal 
power, these relations are still intact with many 
governments. Matters which concern the temporal 
power of the Pope and his relations with other rulers, 
are transacted through THE secretariate of 
STATE. The Secretary of State is always a cardinal 
of prominence and diplomatic ability. His office, or 
secretariate, is in the Vatican palace, near the apart- 
ments of His Holiness. He has a number of assist- 
ants, all subject to him and receiving orders from 
him alone. Among them is a substitute, seven min- 
utanti and three archivists. 

Besides civil affairs in which the Holy See is con- 
cerned with the nations, ecclesiastical affairs in 
which these nations are interested are treated 
through the Secretary of State. Hence apostolic 
nuncios sent to kings and emperors report to the Sec- 
retary of State, and receive their appointment and 
recall through his office. Ambassadors of nations 
also treat with the Holy See through this office. 
With the loss of the temporal power much work and 
prestige has been taken from the Cardinal-secretary 
of State, but his position is nevertheless most 
important. 

287. The secretariate of memorials has no 
cardinal-secretary at the present time but a prelate 
acts as his substitute. It has attached to it two 
minutanti, a summista, and a protocolist, Its office 



PALATINE SECRETARIES. 265 

is in the Palace Mig-nanelli, near the Piazza di 
Spag-na. 

There is also a prelate secretary for letters to 
princes and another for Latin letters, both of whom 
have their office in the apostolic palace. All these 
secretariates are called palatine, because immedi- 
ately connected with the apostolic palace. Their 
names express the work they do. 



CHAPTER XVI. 

ADVOCATES, NOTARIES, AGENTS, IN THE 
ROMAN COURT. 

288. Those who constitute the Roman Court are 
called curials, and therefore cardinals, prelates and 
judges are all comprehended in this name. Common 
usage, however, has restricted the term, so that it 
includes only those subsidiary persons who are 
attached to some tribunal, or act for interested 
parties, as advocates, procurators, notaries, solici- 
tors and agents. Most of these curials are not 
clerics. 

The members of the Roman Court are assigned to 
various tribunals, so that all who live at Court fill 
at least one office. Thus all the cardinals make up 
the Consistory at which the Pope presides. Again 
the various Congregations set over particular mat- 
ters are composed of a number of cardinals, one of 
whom is prefect, and of several prelates and inferior 
officials. In a similar way, the administration of the 
lesser tribunals is committed to prelates assisted by 
officials of various grades. 

289. Life at the Roman Court is therefore not a 
sinecure; it is made up of onerous duties and constant 
work. With innumerable petitions from every 
nation of the world, with frequent appeals or re- 
course against the judgment of inferior tribunals on 



ADVOCATES IN ROME. 267 

most important and complicated questions, it is evi- 
dent that many persons are required to properly 
perform the work. Whether questions could be 
decided quicker with a re-arrangement of the various 
tribunals and an infusion of foreign blood, as sug- 
gested in the Vatican Council, is a matter beyond 
the competency of this treatise. 

290. The curials, according- to the common use of 
this term, are either officials assigned as assistants 
to various tribunals of the Court, or persons who 
act in these tribunals for interested parties who 
have procured their services. 

Chief among- the curials are advocates. They 
are lawyers whose business is to lay down the law, 
or furnish a legal opinion in such a way that it may 
be the foundation of a judicial sentence. Advocates 
are either practical or titular. Some of them are 
prelates and with others who are signori constitute 
colleges, such for instance as the college of Consis- 
torial Advocates. To them the matters of the Con- 
sistory are frequently referred for a leg-al opinion. 
Seven of these consistorial advocates, called par- 
ticipating advocates, constitute the academy of 
jurisconsults. 

291. Practical advocates, who are not prelates, 
undertake for a stipulated fee to assist parties in 
trials before a judge or before the Congregations. 
Not everyone is allowed to practice before the Roman 
Congregations, but only they who are regularly 
admitted. Titular advocates are those, who, hav- 
ing passed the regular examination and obtained 
their degrees, nevertheless instead of practicing, 
prefer to do certain judicial work, such as assisting 



268 THE ROMAN COURT. 

judges to study causes and prepare decisions. Not 
unfrequently also these titular advocates are ap- 
pointed consultors for the various Congregations. 
They examine the cases referred to them, give an 
opinion on the facts, quote the laws which apply to 
the matter, even if they have been overlooked by the 
parties themselves, and thus present a votum to the 
Congregation which is usually accepted as the basis 
of its decision. 

292. Procurators are persons who represent 
litigants before the Court and appear in their stead. 
They receive compensation for their services, paid 
by those whom they represent. Twenty-four of 
them constitute a peculiar and privileged college, 
similar to the college of advocates. Formerly 
these procurators had the exclusive right to repre- 
sent litigants before the tribunal of the Rota; but 
later certain others, called Rotal Procurators, were 
also allowed to represent litigants before this tri- 
bunal after complying with stated prescriptions of 
law. From this second class, the college of pro- 
curators then also began to fill its vacancies. The 
procurators who represent parties before other tri- 
bunals are called simple procurators. Procurators, 
like the principals for whom they act, generally 
employ the services of an advocate to assist them in 
their contest before the tribunal or Congregation 
that hears their cause. 

293. Notaries are persons whose work is to pre- 
pare documents and instruments in judicial causes. 
They, like advocates, are either practical or titular. 
Active notaries, or those in practice, either perform 
work in the various tribunals to which they are reg- 



AGENTS IN ROME. 269 

ularly attached, or have offices in different parts of 
the city, so that they ma}' be easily reached by pri- 
vate individuals who need their services. There is 
a college of notaries specially attached to the tri- 
bunal of the Rota. 

All notaries of the Roman Court are supposed to 
know how to draw up documents and instruments 
required in tribunals. No priest can act as a notary 
public, except such work is necessary that he may 
obtain a living-. Titular notaries are those who 
lend their services to other notaries until they them- 
selves happen to obtain the position of notary public. 

294. Besides advocates, procurators and notaries 
there are also solicitors or agents connected with 
the Roman Court, who act for private parties and 
are paid by them for all services rendered. These 
agents are employed by bishops and others, either 
temporarily or perpetually, to look after their inter- 
ests in Rome. Whenever any work is to be done or 
information obtained, these agents or solicitors go 
to the various Congregations or tribunals, urge the 
requests of their employers and generally succeed in 
getting what they seek. 

295. Solicitors or agents are recognized by the 
Roman Court to such an extent that it is quite nec- 
essary to do business through them and not by let- 
ter. They urge matters and spend money in accord- 
ance with the directions of those whom they repre- 
sent. When dispensations, faculties, or other favors 
are to be obtained from the Datary or some Congre- 
gation, they prepare the application, call for the 
rescripts, pay the tax if any is required and forward 
the letters to their employers. A careful, prudent, 



270 THE ROMAN COURT. 

active agent, who stands well with the officials of 
the various Congregations and tribunals, is a great 
help to bishops and other persons who have business 
in the Roman Court and cannot attend to it person- 
ally. The charges of these agents do not seem 
extravagant; but a little extra money induces them 
to urge cases more strenuously, and helps to preclude 
the excessive delays which are so annoying to the 
American character. 



PART THIRD. 



Prelates, Legates, Vicars Apostolic, 
Protonotaries. 



CHAPTER I. 

PRELATES OE THE ROMAN COURT. 

296. After the cardinals, prelates hold the first 
place in the Roman Court. They in general are 
called prelates who are preferred and placed over 
others in honor and jurisdiction. Patriarchs, pri- 
mates, metropolitans, bishops, are prelates properly 
so called, because they take precedence by virtue of 
their office and have ordinary jurisdiction over 
inferiors. All other prelacies are merely an imita- 
tion and participation of this episcopal jurisdiction, 
and pre-eminence is granted their incumbents only 
by special privilege of account of the office they fill. 

These prelates participate in episcopal jurisdiction 
either by virtue of a title recognized and contained 
in the law, or because of a special and express dele- 
gation from the Sovereign Pontiff. The former are 



272 THE ROMAN COURT. 

called abbots or inferior prelates, the latter are 
known as vicars apostolic. By ecclesiastical insti- 
tution both these classes have 6rdinar} T jurisdiction 
in contentious matters and are therefore really pre- 
lates. In a broad sense any cleric who has the care 
of souls ma} T be called a prelate, as is proved by 
Cap. Tua Nos. 4, De Clerico Aegrotante; and in the 
same way those who have greater prerogative withr 
out jurisdiction, such as parish priests, deans of 
chapters, archpriests are known as prelates. But 
in the usual acceptation of this term, none but them 
who have ordinary and contentious jurisdiction over 
others may be called prelates. 

297. A parish priest has no such jurisdiction; his 
is confined to the internal forum, that of conscience. 
A rural dean, likewise, has no jurisdiction in conten- 
tious matters, nor any authorit} T whatever over the 
clergy of his district. Neither has he any prece- 
dence over them except only in those acts wherein 
he is the delegate of the bishop. ' 'Any custom to the 
contrary is an abuse." Zittelli, Apparatus Juris 
Can, page 14J; Craisson, Manuale, No. 6jj.. The 
Sacred Congregation of Rite's in at least sixteen 
decisions, g-iven to different countries and made of 
uuiversal application, has decreed that, "a vicar 
forane or dean b} T reason of that office has no prece- 
dence in choir, in sessions, in processions and in other 
acts and ecclesiastical functions over other parish 
priests, canons and priests older and more worthy 
than himself; but the vicar or dean must stand, sit 
and walk in the place of his reception and dig-nity, 
just as if he were not a vicar forane or dean, both 
with the cotta and without it, notzvith standing any 



DEANS HAVE NO PRECEDENCE. 273 

and every order of the bishop to the contrary; except 
only in those congregations or conferences which are 
held each month by order of the bishop, in which as 
the delegate of the bishop he should precede all, but 
not, however, in the procession, Mass and other acts 
which take place before or follow the conference." 
And in another decree, intending- to eliminate even 
the custom, the same Sacred Congregation ordered 
the observance of the above decree, "notwithstand- 
ing - an}?- and every custom to the contrary." Ferra- 
ris, sub verbo } T icarius. 

Neither the Second nor the Third Plenary Coun- 
cil of Baltimore (II. Cone. No. 74; III. Cone. Nis. 
27-40,) contains anything- which should be held to 
disagree with these decisions. On the contrary all 
these decisions having- been made after the estab- 
lishment of deans by St. Charles Boromeo — whose 
statutes are quoted in the Baltimore Council as the 
foundation for its decrees, or rather sug-g-estions — 
these Baltimore decrees should therefore be inter- 
preted to harmonize with the explicit ruling - of the 
Sacred Congreg-ation which binds the universal 
Church. 

208. Besides the prelates and inferior prelates 
mentioned above, there are in the Roman Court cer- 
tain officials who by the express will of the Sover- 
eign Pontiff are decorated with the title and dig-nity 
of prelates. Those who obtain this dig-nity have a 
great prerogative, so much so that they can by ordi- 
nary or delegated power act for the Roman Pontiff. 

To obtain a prelacy by right in the Roman Court 
it is necessary for the candidate to make studies cov- 
ering a period of years, and have an annual income 



274 THE ROMAN COURT. 

of at least a thousand dollars. Pope Benedict XIV. 
established a pontifical academy for noble ecclesias- 
tics wherein ecclesiastical diplomacy and political 
science are taught, and from which students are 
graduated into prelatures. 

299. Besides these ecclesiastics who earn their 
dignity, there are a large number of others whom 
the Sovereign Pontiff decorates with the title and 
dignity of prelate, either because of the offices they 
fill in the various Congregations and tribunals of 
the Roman Court, or because of the favor and honor 
he wishes to bestow on the recipients or their friends. 
Thus it happens that many prelates of the Roman 
Court live away from Rome and never even see the 
Court to which they belong. Their prelacy, as 
such, gives them no jurisdiction over clergy or taity, 
but only dignity and precedence according to the 
class of prelates to which they belong. From this 
it will be noticed, that, like the cardinals, Roman 
prelates are a special institution peculiar to the 
Roman Court. 

300. Precedence is strictly observed in the Roman 
Court, and its rules are applicable to the universal 
Church. After the Pope, the cardinals of the Holy 
Roman Church take precedence over all without any 
exception. Even if they have not the episcopal 
character, nevertheless because of the sublime dig- 
nity of their office, they rank before all bishops, 
archbishops, primates, patriarchs and legates of the 
Apostolic See. This seemed hard to Henry, arch- 
bishop of Canterbury, primate of England and 
legate-natus of the Holy See; and accordingly he 
refused precedence to John Kemp, archbishop of 



RUEES OF PRECEDENCE. 275 

York, who had been created cardinal by Pope 
Eugene IV. This refusal occasioned the celebrated 
letter of Pope Eugene IV., mentioned in the first 
part of this work, wherein he treated extensively 
the cardinalitial dignity and assigned it the highest 
place in the Church, next to the papacy. 

Later, in the year 1449, the archbishop of Gneisen, 
the primate of Poland, contended for the prerogative 
of place with Cardinal Sbigneo, the bishop of 
Cracow, but Pope Nicholas V. again decided in 
favor of the cardinal. Precedence among the cardi- 
nals themselves is regulated by the order of cardinal- 
bishop, cardinal-priest or cardinal-deacon to which 
they belong- and seniority in creation. 

301. After the College of Cardinals, the college 
of patriarchs, archbishops and bishops who are 
assistants at the pontifical throne comes next in rank 
in the Roman Court. This college consists at present 
of nine patriarchs, sixty-four archbishops and 
eighty-nine bishops of residential or titular sees in 
different parts of the world. To be made an assist- 
ant at the pontifical throne is a special favor, and 
gives precedence in papal ceremonies over those of 
equal rank in the hierarchy. In other respects 
seniority of promotion for archbishops and of conse- 
cration for bishops is the criterion of precedence. 
No distinction is now made on this point between 
the incumbents of residential and of titular sees. 

302. There are eighty-six titular archbishoprics 
and four hundred and thirty-four titular bishoprics 
which the Holy See is accustomed to confer, in order 
that the persons thus promoted may fill important 
offices in the Roman Court, or act as auxiliary and 



276 THE ROMAN COURT. 

coadjutor bishops to the incumbents of residential 
sees throughout the world. Besides these, the 
Propaganda has two titular archbishoprics and 
twenty-seven titular bishoprics which, with the con- 
sent of the Sovereign Pontiff, it confers on persons 
subject to it, who are to act as coadjutors, or who 
have resigned their residential sees in missionary 
countries. 

From the titular archbishops thus promoted by 
the Holy See, apostolic nuncios and delegates are 
chosen for various countries, and the secretaryships 
of the more important Congregations of Cardinals 
are filled. 

303. After the college of patriarchs, archbishops 
and bishops who assist at the pontifical throne, the 
vice-chamberlain of the Holy Roman Church, the 
two princes who assist at the throne, the auditor 
general of the Reverend Apostolic Camera, the 
treasurer and the major-domo of His Holiness take 
precedence in the order mentioned. To them succeed 
in the order of promotion and consecration the arch- 
bishops and bishops, both residential and titular, 
of the Church throughout the world. Following 
them comes the college of protonotaries apostolic 
according to the order of their admission, first they 
of the number participating and then the supernum- 
aries like to those participating. There are seven of 
the former and two hundred and six of the latter 
scattered throughout the different countries of the 
world. 

After the college of protonotaries come the com- 
mendator of the Holy Spirit, the regent of the 
Apostolic Chancery, the abbot general of the regu- 



PRECEDENCE AT COURT. 277 

lar canons of the Lateran, the abbots general of the 
monastic orders, the generals and the vicars general 
of the mendicant orders. 

304. The prelate auditors of the Roman Rota come 
next, followed b} T the domestic prelates of the Cam- 
era, the domestic prelates voting- and the referees of 
the Signature of Justice, the prelate abbreviators of 
the Larger Room of the Chancery and the domestic 
prelates who do not belong to the foregoing colleges. 
Of these last there are at present two hundred and 
twenty-four, most of whom live outside of Rome and 
have received this prelacy as a favor to themselves 
or their friends. All these are addressed as "Right 
Reverend." Then come the private chamberlains 
participating and the officers of the noble pontifical 
guard, none of whom are clerics. 

The Very Reverend supernumerary private cham- 
berlains, of whom there are six hundred and thirty 
in the different dioceses of the world, then take rank, 
followed by three hundred and twenty supernumer- 
ary private chamberlains of the sword and cape who 
are not clerics. Next to them come the two hundred 
and twenty Very Reverend chamberlains of honor in 
Abilo Pavonazzo, and two hundred and five Very 
Reverend chamberlains of honor living outside of 
Rome. 

Then come four chamberlains of honor of the 
sword and cape, and one hundred and eight super- 
numeraries, none of whom are clerics. There are, 
moreover, six private chaplains and forty-eight hon- 
orary private chaplains, besides ninety honorary 
chaplains who reside outside of Rome. Two private 
clerics, six common chaplains with twelve supermini- 



278 THE ROMAN COURT. 

eraries complete the pontifical family, all of whom 
may participate in papal ceremonies, and are properly 
addressed "Very Reverend." 

305. All the clerics mentioned above are prelates 
of the Roman Court, and as such have personal pre- 
eminence in any and every diocese of the world. 
They are in dig-nity and therefore capable of receiv- 
ing- and executing- papal commands. Pontifical let- 
ters ma}' be addressed to them, but rarely are they 
sent to any of the inferior clergy. 

The vicar g-eneral of the diocese wherein these 
prelates live, even though not a prelate, takes pre- 
cedence over them all, because he is in dig-nity on 
account of his office, and, through communication of 
certain rig-hts, by law participates with the bishop 
in ruling the whole diocese. Because, however, 
Roman prelates according- to their grade have per- 
sonal pre-eminence, a petition was introduced in the 
Vatican Council requesting that the honorary titles 
and privileges of the Roman Court, such as of 
chamberlains, protonotaries, missionaries apostolic, 
should not be conferred on priests living- outside of 
Rome, unless their ordinaries were first consulted. 

306. It may not be useless to give the approved 
forms used in the Roman Court in addressing - pre- 
lates ancl inferior clergy; for a knowledge of them 
may preclude the confusion and embarrassment 
which are often experienced in this matter. 

The Pope is entitled "His Holiness;" a cardinal, 
"His Eminence." A patriarch is called, "His 
Excellency the Most Reverend." A primate or 
archbishop is entitled "Most Reverend," and in 
Latin, "Illustrissinms ct Reverendissimus." 



USE AND ABUSE OF TITLES. 279 

Apostolic delegates and nuncios are addressed 
according- to their rank as archbishop, with the 
addition, generally, of apostolic delegate or nuncio. 
A bishop is called "Right Reverend," and in Latin, 
" Illuslrissimus ct Reverendissimus,' n the same as 
an archbishop. Abbots or inferior prelates having 
jurisdiction are entitled "Right Reverend", and in 
Latin, ' ' Reverendissimns" 

Protonotaries apostolic and domestic prelates of 
the Pope are called "Right Reverend" or "Mon- 
signor," and in Latin, "Reverendissimus." In Rome 
the title "Monsignor" is given to all prelates above 
these classes, except to cardinals and abbots. It is 
also given to private chamberlains and chaplains of 
the Pope, although in English these are entitled 
"Very Reverend," and in Latin, "Admodum Rever- 
endus." Administrators of vacant dioceses, vicars 
general, provosts, archpriests, canons of cathedral 
chapters, heads and provincials of religious orders, 
and priors of priories are by right entitled to the 
appellation "Very Reverend." By courtesy some 
others, such as priors of monasteries over which 
abbots preside, rectors and local superiors of relig- 
ious houses, presidents or heads of seminaries, are 
properly addressed "Very Reverend." 

Doctors of divinity or of law, vicars forane or 
rural deans, presidents of colleges, diocesan consul- 
tors, examiners of the clergy, chancellors or secre- 
taries of a diocese, fiscal procurators and others 
along with simple priests, have no claim to be styled 
"Very Reverend." These and all others in priest's 
or deacon's orders should be styled simply 
"Reverend." 



CHAPTER II. 

LEGATES OF THE APOSTOLIC SEE. 

307. An apostolic leg-ate is one who is chosen and 
sent with power to some eminent person or to a cer- 
tain province in order to administer spiritual affairs. 
He can be sent to represent either the person of the 
Pontiff or the Apostolic See. Whatever may have 
been former usage, to-day all legates are sent in the 
name of the Holy See, and therefore their power 
assumes the nature of ordinar} T jurisdiction and con- 
tinues even after the death of the Pontiff who com- 
missions them. 

The right to send leg'ates for spiritual affairs into 
any and every part of the world is a necessary con- 
sequence of the primacy of the Sovereign Pontiff. 
The Roman Pontiff has ordinary and immediate 
jurisdiction over the whole flock of Christ, both 
pastors and people. Therefore not only may he 
teach and guide this flock on extraordinary occasions, 
and through the local bishops, but his duty of pri- 
macy implies that he should constantly have a watch- 
ful care over the universal Church of which he is the 
bishop. Still the Roman Pontiff is not the only 
bishop in the Church; there are also local bishops 
set over particular churches. Both these bishops 
have ordinary jurisdiction over the same people, 
which though concurrent is nevertheless not conflict- 



LEGATES AND BISHOPS. 281 

ing\ While the authority of the Roman Pontiff is 
supreme, still it does not absorb or destroy that of 
the bishop set over a particular diocese. Each local 
bishop has his proper work, for which he has full 
and efficacious authority. 

308. It is precisely this double jurisdiction that 
insures unity in the Church. The vivit3 7 ing- spirit of 
the primacy, penetrating- not only the chief but every 
member of the body of Christ, is the cause of the 
wonderful vitality and harmony of action which dis- 
tinguish the Catholic Church from every other 
organization known to man. The obligation of care- 
fully watching-, feeding- and g-uiding- the Church in 
every portion of the world, necessarily implies and 
g-ives the Sovereign Pontiff the rig-ht to do throug-h 
others what he cannot perform himself. Hence 
Pope Pius VI. writing- on nunciatures to four Ger- 
man archbishops says that, "the Roman Pontiff ful- 
fils the apostolic duty of caring- for the universal 
flock by deleg-ating- ecclesiastical men, either perma- 
nently or temporarily as he judg-es best, and order- 
ing- them to take his place in distant regions and 
there exercise the same jurisdiction wdiich he himself 
if present would exercise." Hence apostolic leg-ates 
are sent to exercise the authority of the Sovereig-n 
Pontiff in as far as it is communicated to them. 
They are not sent to grasp and exercise the authority 
of local bishops. On the contrary, just as the ordi- 
nary jurisdiction of the Sovereig-n Pontiff and of the 
local bishop are concurrent and harmonious, so also 
must the authority of apostolic leg-ates and the au- 
thority of local bishops mutually sustain each other. 

309. The apostolic rig-ht of sending- permanent 



282 THE ROMAN COURT. 

legates with ordinary jurisdiction was strenuously 
opposed in the year 1787 by four archbishops of Ger- 
man}-, those of Cologne, Mayence, Salzburg and 
Treves. They protested against the establishment 
of an apostolic nunciature, and in letters addressed 
to Pope Pius VI. and to their suffragan bishops 
claime'd that, "they had fulfilled all their duties as 
pastors of the churches over which they had charge, 
and therefore the Pope was not justified in extending 
to their churches the extraordinary rights of the pri- 
macy; and consequently, as the Pope had no right to 
send legates, so they were in no way obliged to re- 
ceive them and permit the exercise of their powers to 
the detriment of their own ordinar} 7 jurisdiction over 
the flocks divinely intrusted to their watchful care." 
Responsio super Nunciaturis, Cap. 18, A T o. 6. 

Pope Pius VI., however, in reply to their preten- 
sions issued his celebrated letter On Nunciatures, 
in which he teaches, "that the Roman Pontiff has a 
right to have some persons, particularly in distant 
places, who ma} T represent him in his absence; w T ho 
may exercise jurisdiction and authorit} 7 conferred 
upon them by permanent delegation, and who, in a 
word, may take the Pontiff's place." Moreover, he 
teaches that, "the Roman Pontiff has this right by 
the very reason and nature of the primacy; by the 
constant discipline of the Church even from the first 
ages; by the authority of ecclesiastical and imperial 
laws, and by the common opinion of canonists and 
law3*ers, especially Germans and Protestants." 

310. In the early history of the Church we find 
two kinds of pontifical legates, the apocrisarioi or 
responsales, and the apostolic vicars. The former 



LEGATES IN EARLY AGES. 283 

were sent to the emperors at Constantinople, and 
later also to other princes; the latter, or apostolic 
vicars, were delegated to act for and represent the 
Roman Pontiff in certain countries of the world. 
The original and chief dut} 7- of the apocrisarioi was 
to treat with the emperor or prince concerning- a 
matter of interest to the Roman Pontiff, and to 
deliver to the Pontiff the reply received. Their 
position was of great importance and highest honor; 
but from extant documents it cannot fully be shown 
that these legates had ordinary and permanent juris- 
diction in spiritual matters. 

311. Although Hincmar, a writer of the ninth 
century, says: "The ministry of the apocrisarius 
began at the time when Constantine the Great 
erected his throne in his city which before was called 
Bizantium; and thus the responsales of the Roman 
See as well as of other principal sees kept watch in 
the palace in regard to ecclesiastical affairs;" still 
the earliest documents extant in regard to the 
apocrisarioi are contemporary only with the Council 
of Calcedon held in the year 451, a century and a 
quarter after the removal of the emperor to Constan- 
tinople. These documents are letters of Pope 
St. Leo in which he appoints Julian, bishop of Cos 
in the Archipelago, his representative to the 
Kmperor Marcian, "because he was a man brought 
up by the. Holy See and imbued with its spirit and 
doctrine." 

In the Migne collection, letters 111, 112, 113 of 
Pope St. Leo concern this appointment of the apos- 
tolic legate to the court of Constantinople. 
Bishop Julian receives his appointment in letter 113, 



284 THE ROMAN COURT. 

while his credentials are given in letter 111 ad- 
dressed to the emperor, and in letter 112 a strong- 
recommendation is made in his favor to the Empress 
Pulcheria. The pontifical letter to the emperor 
commends Julian, and requests that he be received 
and properly treated; "for," sa} T s the Pope, "confi- 
dent of the sincerity of his faith I have delegated to 
him my office against the heretics of the time." 

312. In this way special legates were appointed 
from time to time, but while a shadow of imperial 
power remained in the West, and while Theodoric 
and other Gothic kings were dominating Italy, there 
was no special reason for having apocrisarioi in Con- 
stantinople; in fact it was more necessary for the 
Popes to have them in the courts of the western con- 
querors. In the meantime, however, the bishop of 
Constantinople acted as apocrisarius for the Roman 
Pontiff, until a disagreement arose because of the 
schism of Acacius. Later, however, when the Em- 
peror Justinian conquered the Goths and subjugated 
the greater part of Italy, Pope Agapetus sent one of 
his deacons, named Pelagius, to Constantinople to 
remain in the imperial palace and act as apocrisarius 
and nuncio. The Pope himself while in Constanti- 
nople had seen the advantage of having such a legate 
residing permanently at court, especially after Rome 
again had come into possession of the emperors. In 
a few years the power of the apocrisarius at Con- 
stantinople became illustrious and a stepping-stone 
to the papacy. For Pope Virgilius was succeeded 
by Pelagius, and later Pelagius II. was succeeded by 
Gregory the Great, whom he had sent as apocrisarius 
to Constantinople. Gregory in turn sent his legate; 



LEGATES IN THE EAST. 285 

but soon lie was obliged to prohibit him from assist- 
ing- at the Mass of the patriarch of Constantinople 
unless the latter reformed. For this reason it hap- 
pened that the apocrisarius of the Pope was with- 
drawn from court, and for a while none of the Roman 
clergy could be induced to g-o to Constantinople, 
because of the abuse received by former leg-ates. 

313. Under Phocas, Pope Greg-cny the Great was 
persuaded to send a leg-ate named Boniface whom he 
ordained deacon for the purpose. This leg-ate after- 
wards succeeded Pope Sabian, who himself had been 
apocrisarius under Pope Greg-or}^ but had been 
recalled because of the exasperating- conduct of the 
Emperor Mauritius. An interruption ag-ain oc- 
curred after Pope St. Martin was ig-nominiously 
treated by the Emperor Constantine, the Monothe- 
list, and it continued until Constantine Pog-onatus, 
having- restored the integrity of Catholic faith in the 
East, begfg-ed Pope Leo II. to restore former rela- 
tions and send a leg-ate "to live in the imperial city 
and to act for and represent the person of His Holi- 
ness in doctrinal and disciplinary and all ecclesi- 
astical affairs." In response the Pope sent as apoc- 
risarius a sub-deacon who had been one of his leg-ates 
in the (Ecumenical Council held at Constantinople 
in the year 680, in which the Monothelites were con- 
demned. This request of the emperor insinuates 
that the leg-ates of the Pope at Constantinople had 
ample and permanent jurisdiction. 

The fury of the Iconoclastic emperors soon ag-ain 
interrupted friendly relations so that no papal 
leg-ates resided in the imperial court thereafter, 
except once in the year 743 under Constantine Cop- 



286 THE ROMAN COURT. 

ronymus. But when later the western empire was 
revived under Charlemagne, the apocrisarioi or nun- 
cios again appeared. 

314. The second kind of pontifical legates known 
to the early church are the vicars apostolic. From 
the first ages the Roman Pontiffs had their vicar in 
Illyria, usually the bishop of Thessalonica, who in 
their name exercised jurisdiction over all the bishops 
and archbishops of that country. This vicariate 
must be of very ancient origin, for it is mentioned as 
an ancient institution by Pope Innocent I., when in 
the year 412 he appoints Rufus his vicar and states 
that he does this in imitation of his predecessors. 
Even before this he had written to Bishop Anysius, 
the apostolic vicar whom Rufus succeeded, a letter 
confirming his appointment as vicar, which he says 
had been made by his predecessors, Damasus, Siri- 
cius and Anastasius. Hence Pope Damasus is said 
to have established this vicariate. Collcctio Hol- 
stenii,-pg\ ./j. In the same way St. Sixtus III. in the 
year 431 writes that, "he has given his vicar, the 
bishop of Thessalonica, nothing new, but only the 
same that his predecessors had given to the prede- 
cessors of the vicar." 

315. Moreover in all these letters the Roman 
Pontiffs write "as primates of the universal Church," 
and refer to the obligation incumbent on them of 
caring for the whole flock of Christ. The jurisdic- 
tion also of the apostolic vicar was most ample both 
in gracious and contentious matters; for he had the 
right to visit churches, to examine and approve 
candidates for the episcopate, to examine and conse- 
crate metropolitans, to convoke councils and send 



POWERS OF EARLY LEGATES. 287 

their acts to Rome for confirmation, to give metro- 
politans leave of absence, to receive reports concern- 
ing- what bishops and priests were doing - , to receive 
and forward petitions to the Holy See, to hear in the 
first instance all major causes, to hear and decide 
all controversies between bishops, and finall} 7 to 
judge all and every cause which one might have 
against a bishop. Super Nunciaturis Cap. 8, 
No. sj- 

These faculties of the apostolic vicar of Thessa- 
lonica were so ample that they comprehended every 
cause; and as the} 7 covered every cause so the} 7 in- 
cluded all the faithful and all bishops and metro- 
politans. Moreover the sanction of excommunica- 
tion was attached to disobedience and contumacy, 
though it was scarcely necessary to apply it, since 
the bishops recognized and obeyed the delegated 
authorit} 7 of the apostolic vicar. If later some 
applied to the Emperor Theodosius and asked him 
to change the vicariate to the see of Constantinople, 
neither their action nor that of the emperor had any 
effect; for the Roman Pontiffs continued delegating 
the bishop of Thessalonica as their vicar. 

316. Ver} 7 similar to the vicariate of Illyria was 
that of Aries in Gaul, whether we consider its name 
and title, or the time and reason of its institution. 
It was established by the Popes as primates of the 
universal Church, and for the reason that they were 
unable personally to visit and care for such a dis- 
tant region. The letters of Pope Hilary in the year 
4(>1 and of Pope Symachus in the year 498, addressed 
to the bishop of Aries, suppose at that time the long- 
continued establishment of the vicariate with ample 



288 THE ROMAN COURT. 

jurisdiction over both the faithful and the bishops 
and metropolitans. 

In the fifth century Pope Simplicius made Zeno, 
the bishop of Seville, his apostolic vicar for all 
Spain; and in the year 514 Pope Hormisdas added 
Portug-al to the vicariate of Seville already estab- 
lished with ample powers. 

The same Pope Hormisdas made St. Remigfius, 
the archbishop of Rheims, his vicar apostolic for the 
territory which was subject to Clovis. St. Boniface, 
the apostle of Germany, was commissioned by Greg- 
ory II. an extraordinary vicar apostolic, but after he 
established the sees of Colog-ne and Mayence, by three 
succeeding- Popes he was made vicar apostolic with 
ordinary and permanent authority over all Germany. 

317. The vicariate of Sicily is of equally ancient 
orig-in; but this difference may be mentioned regard- 
ing - its vicars apostolic : in the other vicariates a 
resident bishop was usually chosen by the Roman 
Pontiff, but in regard to Sicily not unfrequently a 
cleric was sent from Rome to act as vicar apostolic 
and have full jurisdiction over all bishops. Thus 
St. Greg-ory the Great sent a sub-deacon named 
Peter to act as his vicar and committed to him the 
rig-ht to rule all the churches of Sicily as vicar of 
the Apostolic See. 

The apostolic leg-ation in Sicily, which was called 
"rcg-ia monarchia" endured through all changes 
to the time of Pope Pius IX. But he by a constitu- 
tion made in 1864, and published October 10, 1867, 
entirely abolished the legation with its judg"e, minis- 
ters and officials and assigned a method of trial for 
the causes formerlv brought before it. 



LEGATES-BORN. , 289 

318. The vicariates in the course of time became 
weakened, though they were still continued or 
revived between the ninth and fifteenth centuries. 
That of Sicily continued, while that of Aries, which 
had depreciated, was restored in the year 1056 when 
Rambold, the archbishop, was made vicar of Pope 
Victor II. and in that capacity presided over the 
Council of Toulouse. But if the vicariates became 
rarer, primacies became more frequent; so that, 
because the metropolitans of certain sees had again 
and again been appointed apostolic vicars, these sees 
became primatial and acquired the rights of vicari- 
ates. Such primatial sees were known as "legations- 
born" and their incumbents were "legates-born" of 
the Apostolic See. Legates-born were the bishops 
of Aries, Lyons, Narbonne, Toledo, Mayence, Salz- 
burg, Treves, Bremen, Prague, and others, such as 
the bishops of Canterbury and York in England and 
of Piza in Italy. These legates signed themselves, 
even in administering their dioceses, "Apostolic 
legates by the favor and mercy of the Apostolic See. ' ' 

319. Permanent legates of this kind received ex- 
tensive delegated power from the Holy See and took 
precedence over all other metropolitans, who in fact 
were ordered to obey them as they would the Pope 
himself. Since they represented the Roman Pontiff, 
they were at first considered judges of appeal, and 
later also began to hear greater causes in the first 
instance, so that an appeal from their decision lay 
only to the Apostolic See. Legati-nati were obliged 
to send messengers to Rome each year for instruc- 
tions, and they themselves were supposed to visit the 
Apostolic See every three years. 



200 THE ROMAN COURT. 

Their power, however, was so ample, that, 
wielded as it sometimes was by unworthy men, many 
abuses ensued. The jealousy of the ordinaries also 
made difficult even the proper exercise of their 
authority. In fact so strong- was the opposition 
thus developed, particularly in the eleventh and 
twelfth centuries, that the Holy See was obliged to 
send extraordinary legates a latere to calm the minds 
of the metropolitans and temporarily satisfy their 
jealousy; because when a legate a latere entered a 
province all power of legates-born was in abeyance 
and continued thus until the extraordinary legate 
left again for Rome. 

320. These extraordinary legates were sent from 
Rome not unfrequently at the request of the legates- 
born, who professed to need their help and counsel. 
Thus Pappo, the archbishop of Treves and legate- 
born of the Apostolic See, about the year 1038, 
begged Pope Benedict IX. to send him a legate 
a latere. Legates a latere were always sent with 
most ample powers, both gratious and contentious; 
and as a rule even from antiquity such legates were 
sent by the Roman Pontiffs to preside in their name 
over oecumenical councils. 

The bishops, either through jealousy that others 
less powerful in temporalities, were nevertheless set 
over them in spiritual authority, or because they 
desired greater freedom, became more and more 
alienated from the native apostolic legates, so much 
so that Drugo, the bishop of Metz, in the year 844, 
forced by many vexations, resigned his position of 
vicar or legate, "lest being an offense to his breth- 
ren and fellow priests he might introduce a schism 



BISHOPS AGAINST LEGATES-BORN. 291 

into Holy Church." The same occurred in the 
primacy of Lyons and in the primacies or legations 
of other king-doms, especially in Germany, where 
emulation was so strong- that the bishops declared 
they would receive no leg-ate except he came from 
Rome direct. For a similar reason Bruno, the 
archbishop of Treves, in the year 1120, visited Pope 
Callixtus II. and begged him to free the province of 
Treves from the power of every leg-ate, except leg-ates 
a latere. Arnold, also, the archbishop of Colog-ne, 
in the year 1157, requested of Eug-ene III. that his 
province should be subject to no primate or leg-ate- 
natus, but only to Holy See or a leg-ate a latere. 

321. For such reasons the power of native leg-ates 
was allowed to wane, and soon to cease entirely. 
The consequence was that innumerable causes which 
formerly had been heard and decided by the native 
leg-ates, as vicars of the Apostolic See, could now be 
heard in no court save that of Rome. Leg-ates a 
latere were sent only for particular business and for 
a short time; therefore they could decide but few 
such causes on appeal. The delay, the trouble, the 
expense of making- a journey to Rome had never 
before been put upon litigants, except in rare and 
graver causes. For from the first ag-es of the 
Church, as was said above, apostolic vicars residing- 
in the provinces and later legal 'i-nali heard and 
decided nearly all causes on appeal from the diocesan 
or metropolitan courts. 

322. Ag-ain, therefore, the bishops complained, 
and with them princes and people. They had 
destroyed the native tribunals, but could not bear 
the consequences of their act. Rome was obliged to 



292 THE ROMAN COURT. 

find a remedy; and it found one. For the Apostolic 
See, after all its endeavors to exercise the primacy 
through native vicars apostolic had failed, again 
introduced the former practice of sending- from Rome 
to various countries certain persons agreeable to sec- 
ular princes and placed in ecclesiastical dignity, in 
order that they might act as apostolic vicars with 
ordinary and permanent jurisdiction, and thus rep- 
resent and take the place of the Roman Pontiif . 

"The metropolitans were unwilling- that anyone of 
themselves should have the right of perpetual prece- 
dence, and their personal ambition and mutual jeal- 
ousy were therefore the cause and the reason why 
the Roman Pontiffs in order to fulfil the duty of pri- 
macy, from the fifteenth century to the present day, 
have sent from their own Court to Germany, France, 
Spain, Portugal and other kingdoms, nuncios for- 
eign to the country and attached to no party, but 
placed in dignity and acceptable to the reigning 
princes. Thus ordinary nunciatures were estab- 
lished at Catholic courts and in chief cities." Pius 
VI. Super JVunciaturis, No. ij2. 

323. With the establishment of these nunciatures 
the power and office of legates-born ceased, so that 
nothing is left to former primatial sees but the 
name. The bishops of Cologne, it is true, and Salz- 
burg, Prague and Greisen still retain the title by 
consent of the Holy See, but it gives them no juris- 
diction. 

To-day therefore all legates of the Holy See are 
leg-ati mis si or sent from Rome. They are of two 
kinds; cardinal legates a latere, and nuncios or dele- 
gates. Legate is a general term which comprehends 



LEGATIONS OF THE FIRST CLASS. 293 

every person sent by the Apostolic See to execute a 
command. When formerly legates-born existed, any 
leg-ate sent from Rome, whether a cardinal or not, 
was called a legate a latere, which meant sent from 
the side of the Sovereign Pontiff. But to-day the 
term legate a latere is used onl} T when a cardinal is 
sent on a certain extraordinar}' mission. Such a 
mission was that of Cardinal Caprara to Napoleon 
Bonaparte, for the re-adjustment of ecclesiastical 
affairs in France. In earlier times cardinals were 
often sent as legates a latere to preside at general 
councils held outside of Rome. 

324. Nunciatures or legations are of two classes. 
Those of the first class are at the capitals of greater 
nations and are such as immediately prepare the way 
to the cardinalate; so that legates are usually not 
recalled from them except to receive the purple. 
Such are the nunciatures of Austria, Hungary, 
France, Spain, and Portugal. To these nunciatures 
we may add the Americau legation, if the words of 
Pope Leo XIII. receive their full meaning; for he 
says in his Knclyclical to the American bishops 
dated January 6, 1895, "When the Council of Balti- 
more had concluded its labors the duty still remained 
of putting, so to speak, a proper and becoming 
crown upon the work. This We perceived could 
scarcely be done in a more fitting manner than 
through the due establishment by the Apostolic See 
of an American legation. Accordingly as you are 
well aware We have done this. By this action, as 
We have elsewhere intimated, We have wished, first 
of all, to certify that in our judgment and affection 
America occupies the same place and rights as other 



294 THE ROMAN COURT. 

states be they ever so mighty and imperial. " These 
words would scarcely be true if the American lega- 
tion is not considered one of the first class; and the 
Holy Father's judgment, "that America has the 
same place and rights as other states be they ever 
so mighty and imperial," would scarcely have full 
force if the apostolic delegates of the American 
legation were recalled to assume a nunciature, 
while the nuncios of Austria, France, Spain or Por- 
tugal are recalled only to receive the cardinalitial 
dignity. 

325. If legates are sent to the courts of emperors 
or kings of greater countries they are called nuncios; 
but if sent to courts of lesser rank or to cities where 
there are no courts they are called internuncios. 
Holland and Brazil have internuncios. Belgium and 
Bavaria, however, like the greater nations, have 
nuncios. A new departure seems to have been made 
in regard to republics, which were scarcely known 
when nunciatures were established. Representa- 
tives of the Apostolic See sent to republics usually 
are called delegates apostolic, and if in addition to 
spiritual aifairs they represent the Pontiff in civil 
matters, the} 7 are called delegates apostolic and 
envoys extraordinary-. Such legates represent the 
Hory See in Columbia, in Equedor, Bolivia and Peru, 
and in San Domingo, Haiti and Venezuela. One dele- 
gate extraordinar} T , it will be noticed, represents the 
Holy See in three countries. 

326. The nunciatures are under the Cardinal-sec- 
retary of State and receive instructions through 
him. The legations in the countries of South 
America, as well as the countries themselves, are 



SUPPORT OF LEGATIONS. 295 

under the Sacred Congregation for Extraordinary 
Ecclesiastical Affairs which is intimately connected 
with the Secretariate of State. The position of the 
American legation seems not yet full} 7 settled, for 
while it is nominally tinder the Propaganda, still it 
depends more directly on the Vatican than on this 
Sacred Congregation. Neither have its limits been 
exacth T determined. 

The greater legations, Austria, France, Spain, 
Portugal and the United States, besides the legate 
have each an auditor and a secretary, appointed to 
them b\ T the Holy See. Bavaria, Belgium, Brazil 
and Holland each have an auditor but no secretary. 
The other legations have only the delegate apostolic. 
These legations are supported directly by the Holy 
See, so that, as Pius VI. says to the bishops of Ger- 
many, there may be no complaint made on the score 
of expense or abuse. Super Nunciaturis, No. ijg. 
The sum of S6,000 annually is allowed the apostolic 
delegate to the United States. 

The nations which have representatives at the 
papal court to-day are Austria-Hungary, Bavaria, 
Belgium, Bolivia, Brazil, Columbia, Ecuador, 
France, Hayti, Monaco, Peru, Portugal, Prussia, 
Russia, San Domingo, Spain. Mexico at the present 
time is re-establishing relations with the Holy See. 

Besides the American legation, which, dating 
from January 24, 1893, is the latest one established, 
there are seven other apostolic delegations depending 
on the Sacred Congregation of the Propaganda. 
These are: Constantinople, established May 6, 1887; 
Egypt and Arabia, October 9, 1888; Greece, April 
2')/ 1892; Oriental India, March 15, 1892; Mesopo- 



206 THE ROMAN COURT. 

tamia, Kurdistan and Armenia Minor, April 4, 1884; 
Persia, February 13, 1881; Syria, August 19, 1890. 
The Apostolic delegation to Oriental India is quite 
similar to that of the United States. It is placed 
over eight archiepiscopal and twenty-two episcopal 
sees. Like that sent to the United States it was 
established by His Holiness, while the other delega- 
tions were established by the Propaganda with the 
sanction of the Pontiff. None of these delegations 
represent the Holy See in civil matters; their fac- 
ulties and jurisdiction are confined to spiritual 
affairs. For this reason they are all called apostolic 
delegations, whatever may be their power and influ- 
ence. The legations to the United States and to 
Oriental India are placed over archbishoprics and bish- 
oprics properly established, but the other apostolic 
delegations are placed over apostolic vicariates and 
prefectures, all of whose incumbents have delegated, 
not ordinary jurisdiction. Because then the lega- 
tions to the United States and to Oriential India 
were to be placed over bishops having ordinary 
jurisdiction, the Sovereign Pontiff himself estab- 
lished them, by virtue of his primacy over the uni- 
versal Church. 



CHAPTER III. 

THE POWER OF APOSTOLIC LEGATES. 

327. The nunciatures and legations of the present 
day succeed the legates-born and the vicars apos- 
tolic and apocrisarioi of previous ag-es. Leg-ates of 
the present day, however, have not the extensive 
faculties possessed by those of former times; but 
nevertheless like them they have permanent and 
ordinary jurisdiction in the regions over which they 
are placed. 

One great and notable difference in- the policy of 
the Apostolic See in regard to legates is this: while 
the legfates-born were always natives of the country 
where they exercised apostolic authority in the name 
of the Roman Pontiff, and while the apostolic vicars 
were nearly always bishops of the province over which 
they had delegated jurisdiction; at the present day 
nuncios and deleg-ates apostolic are strang-ers and 
have no episcopal see in the country to which they 
are sent as legates. 

328. The experience acquired by the Church from 
the ninth to the sixteenth centuries will undoubtedly 
be sufficient to last for several ages to come. 
Legates of the Holy See, who were bishops of the 
country wherein they exercised jurisdiction were 
failures, because of the jealousy of other bishops 
against them, and because when necessity required 



298 THE ROMAN COURT. 

severe measures against some of their brethren they 
were either from sympathy or from fear unequal to 
the occasion. They could stop neither simony nor 
incontinence; nor could they protect the Church 
against the encroachments of the civil power on 
which too often they depended for their temporali- 
ties. Again they were likely to be partisans or to 
serve their own interests and those of their residen- 
tial see, rather than the interests of justice and the 
dictates of a broad and generous policy which alone 
could satisfy Christendom. 

The apostolic delegate to the American church, 
it may therefore safely be said, will never be the 
bishop of a residental see in the United States. 
Moreover in the light of history it is doubtful 
whether he will ever be an American; for human 
nature is the same to-day as it was fifteen centuries 
ago. The jealousy of good men is not less in Amer- 
ica to-day than it was in Illyria in the fifth century 
and in Europe in the tenth. Inferior officials, 
assistants or assessors, may properly be natives and 
residents of the country wherein a legation is estab- 
lished; for they can bring a knowledge of peculiar 
circumstances and a spirit of nationalism to ' the 
legation, which combined with the vivifying life and 
Catholic spirit of a legate fresh from the Holy See, 
cannot fail to produce the happiest results; but the 
legate himself will be an impartial stranger. 

329. Legates sent from the Holy See are either 
leg-ati non-judicesox leg-ati judiccs. The former are 
those sent to perform some special duty, which being 
done they return to Rome. Such legates are sent, 
for instance, to carry the biretum to a newly-created 



THE AMERICAN LEGATION. 299 

cardinal who lives away from Rome. They are 
usually called ablegates, and have no ordinary juris- 
diction in the country to which they are sent. 

Legate- judges are those who have ordinary spir- 
itual jurisdiction in the country to which they are 
sent. Legates a latere and nuncios or delegates 
apostolic have such ordinar} 7 jurisdiction in the coun- 
tries confided to them; and this jurisdiction does not 
expire through the death of the Pope who appoints 
them, even though they have not yet assumed their 
office. The reason is that they are commissioned 
and sent by the Apostolic See which never dies. 
Ordinary jurisdiction is essential to the office of an 
apostolic legate, that is, his jurisdiction must be, 
morally speaking, universal or extending to all 
causes and persons of a certain territory or society. 
A jurisdiction which extends only to certain partic- 
ular causes or persons is a delegated not ordinary 
jurisdiction. The ordinan' jurisdiction of an apos- 
tolic delegate comes from his office and dignity, not 
from special delegation. 

330. This can best be understood by recalling 
examples known to Americans. Archbishop Spald- 
ing was appointed apostolic delegate to preside over 
the Second Plenary Council of Baltimore. In the 
same way Archbishop Gibbons was made apostolic 
delegate for the Third Plenary Council. They had 
full authority over bishops and archbishops in all 
that pertained to the council, but their jurisdiction 
ended with the completion of its work. Again, 
Monsignor Satolli was sent as the Pope's represen- 
tative Id the opening' of the Catholic University of 
America; his position was that of ail ablegate, not 



300 THE ROMAN COURT. 

a judge-legate, and having performed his mission he 
returned to Rome. Later he was sent as an able- 
gate to represent the Holy See at the World's Col- 
umbian Exposition in the fall of 1892; but at the 
same time he was commissioned as a special apos- 
tolic delegate in regard to several causes and con- 
troversies which had been referred to Rome. On 
January 24, 1893, the American legation was estab- 
lished, and Monsignor Satolli being appointed dele- 
gate apostolic, thereby from this office and dignity 
acquired ordinary jurisdiction over the bishops, clergy 
and Catholic people of the United States in all spir- 
itual affairs. From this it is evident that the term, 
apostolic delegate, is rather a general one, and the 
power it represents can be judged only from the 
position of the legate, whether he is a special legate 
or the incumbent of a permanent legation, or from 
the letters of appointment. For as Pirhing says, 
"the power of an apostolic legate, both as to exten- 
sion and restriction depends absolutely on the will 
of the delegating Pontiff; in nearly the same way as 
the power of a vicar general depends on the will of 
the bishop appointing him." 

331. All legates having ordinary jurisdiction can 
sub-delegate to others causes within their compe- 
tency. Such delegation, however, expires with 
the death or recall of the legate, unless the cause 
has been begun at least by citation. 

When the Pope has specially delegated a certain 
cause to anyone, an apostolic legate cannot inter- 
fere. The reason is, that a special mandate dero- 
gates from a general one, and "a special delegate 
of the Pope in the cause committed to him is greater 



APOSTOLIC DELEGATES. 301 

than the legate of the Pope." SmalzgTitbcr, tit. jo, 
lib. I. Decret. Hence in such a case, the leg-ate can- 
not call the matter before himself, nor can he annul 
the sentence of the special delegate, nor receive an 
appeal from his sentence. Thus a controversy 
which a metropolitan try special delegation has 
heard before the advent of a legate, cannot be 
reviewed by the legate, but only by Rome itself. 
Moreover a cause which has once been heard in 
Rome, if only on an interlocutory point, cannot be 
heard by an apostolic delegate. 

332. Legates of the Apostolic See are competent 
judges in the second instance in regard to all ecclesias- 
tical causes of the whole province or region committed 
to them. Before the Council of Trent they could hear 
causes also in the first instance, but this power was 
then withdrawn. Hence before the Council of Trent 
an apostolic legate had concurrent jurisdiction with 
all the ordinaries existing in his province, even in 
regard to judging controversies in the first instance. 
In other words a litigant was free to begin his case 
either in the diocesan court or before the apostolic 
legate; for when there is more than one ordinary 
judge, the complainant has the choice of courts. 

But this competency of apostolic legates in the 
first instance was withdrawn by the Council of 
Trent in these words: "All causes which in an} r 
way pertain to the ecclesiastical forum, even regard- 
ing benefices, shall be heard in the first instance 
only before the ordinaries of places. Legates, even 
those a latere and nuncios, whatever their faculties, 
shall not presume to impede or trouble bishops in 
the aforesaid causes." Hence unless legates are 



302 THE ROMAN COURT. 

authorized lyy a special faculty since the Council of 
Trent they cannot hear and decide causes originat- 
ing- in a diocese between clerics or laymen, or causes 
of a bishop against clerics of his diocese. When 
parishioners, therefore, make complaints against 
their pastor to the apostolic delegate, such complaints 
are usually forwarded to the ordinary of the diocese 
wherein the complaint originated. 

333. If, however, a cleric, as complainant, has a 
cause against his own bishop, the apostolic legate of 
the country may hear it in the first instance. Such 
a cause does not pertain to the diocesan court. The 
bishop cannot judge his own cause, and the diocesan 
tribunal cannot judge the bishop. Neither can 
arbitri necessarii be selected for such a case. 

Moreover the jurisdiction of the metropolitan in 
the first instance in purely civil causes in which a 
cleric, as complainant, sues his bishop, is doubtful, 
and will remain so, because Rome has declined to 
decide the question. On January 20, 1893, the 
Sacred Congregation of the Propaganda to whom 
the question was referred on appeal, replied: "Since 
it is controverted among" canonists, the Sacred Con- 
gregation does not wish to decide the question by its 
sentence." This decree was approved by the Holy 
Father on February 10, 1893. 

The jurisdiction of the metropolitan over his 
suffragans in such a case being doubtful, practically 
it is useless. Such cases must therefore be brought 
in the first instance either before the Apostolic See 
or before its leg'ate. If brought before the Apos- 
tolic See the case will be remitted to its legate or a 
special deleg-ate will be appointed. An example of 



SUSPENSIONS EXAMINED. 303 

such a case might occur, if a bishop declined or 
neglected to repay a sum of money which he had 
borrowed from one of the priests of his diocese. 
The apostolic legate is the ordinary superior of the 
bishop and has competent jurisdiction. 

334. Legates according to the present law do not 
hear causes in the first instance, unless these causes 
having been begun, are not terminated in the diocesan 
court within two \ T ears. In the second instance, 
however, or on appeal, legates have full jurisdiction; 
so that a litigant ma}' appeal from the sentence of 
his ordinary either to the metropolitan or to the 
apostolic delegate. 

It may be noted, that at the present time, the 
American legation does not hear causes in the third 
instance, or as a court of last resort. Thus a cause 
begun in a diocesan court, then heard on appeal in 
the metropolitan court, cannot be heard by the 
apostolic legate, but only by Rome. This, however, 
is expected to be changed, so that the legation may 
be a supreme court. Further, it may be noted that 
a regular appeal does not lie to Rome against a 
decision or sentence of the apostolic delegate, but 
only a recourse to the Holy See. For sufficient rea- 
sons a rehearing may be granted by the legation it- 
self without such recourse. 

335. Suspensions ex informata Conscientia may on 
recourse by the suspended cleric, be examined by the 
apostolic delegate at the American legation without 
the necessity of a recourse to Rome. When recourse 
is made against such a suspension, the legation 
writes to the bishop for his reasons, and the matter 
is then carefully examined and the suspension re- 



304 THE ROMAN COURT. 

laxed if the reasons alleged do not seem sufficient, or 
the suspension sustained if it is founded on proper 
testimony. 

Again the legation is used as a tribunal of inter- 
pellation. Ordinaries consult with the apostolic 
delegate as to the proper method of proceeding in 
certain cases, so that, following his directions, there 
ma} 7 be no danger of them going wrong and being 
reversed on appeal. Such interpellation, however, 
should contain a clear and complete statement of the 
case, not a partial one, else reversal will likely 
follow. 

336. An apostolic legate, although he is the supe- 
rior and ordinary judge of the bishops and arch- 
bishops residing in his province, nevertheless since 
the time of the Council of Trent by ordinary law 
cannot proceed against their crimes. 

It is true that Smalzgruber says: "A pontifical 
legate can and should reform the morals and correct 
the vices even of bishops and archbishops who are 
in his province, because he is their ordinary judge 
and superior in power." Tit. jo, De Legato. But 
this, it seems, should be understood of the common 
law as it existed before the Co'uncil of Trent. For 
that council reserved the greater criminal causes of 
bishops to the Holy See, and the lesser ones to the 
provincial council. Whence according to ordinary 
law an apostolic delegate has no jurisdiction in such 
matters. Criminal charges against bishops must 
therefore be filed with the Holy See, which may 
then commission its delegate to examine and report 
the matter. The ordinary duty of the legate him- 
self requires him to report such cases, 



FACULTIES OF LEGATES. 305 

According- to Sessio?i 24, chaffer 20, De Refor- 
mationc, "legates are not to proceed ag-ainst clerics, 
or other ecclesiastical persons, unless a demand first 
has been made on their bishop and he has been 
negligent." Any offence, however, committed by a 
cleric or other person against the apostolic leg-ate 
himself renders such offender directly amenable to 
punishment by the leg-ate. 

But while an apostolic deleg-ate may not by his 
ordinary commission proceed ag-ainst even the minor 
personal crimes of bishops, still he may insist on 
their remed}lng- all defects in the administration of 
their dioceses. If he meets with refusal, instead of 
dealing- out censures, the usual procedure at the 
present time is to refer the matter to Rome, whither 
the recalcitrant bishop soon is quietly called to ex- 
plain his conduct. 

337. A general rule reg-arding- the power of legates 
is that a legate can do in his province or region what- 
ever a bishop can do in his diocese, an archbishop in 
his province and a primate in the region over which 
his primacy extends. This g-eneral rule, however, 
has no application in those matters which the canons, 
the Council of Trent or the apostolic constitutions 
expressly reserve to ordinaries. 

Further, according- to Pirhing-, Tit. jo, De Legato, 
"a legate can do all that the Sovereig-n Pontiff can 
do except only those things which are reserved to the 
Sovereig-n Pontiff as a mark of his singfular privilege 
or prerogative; because these thing's are not com- 
prehended in the general office and mandate of lega- 
tion unless they are specially mentioned." Whence 
it follows that a legate cannot transfer bishops from 



306 THE ROMAN COURT. 

one see to another, nor divide or unite bishoprics, nor 
depose bishops nor accept their resignations. 
Neither can he authorize the alienation of church 
property. 

338. In all these matters, however, he not only- 
may but is required to make reports to the Holy See. 
Likewise in the filling- of episcopal sees, a legate has 
not a little influence. Apostolic nuncios, even where 
they have but little jurisdiction, as in France, 
nevertheless draw up for the Holy See the canonical 
information in regard to those nominated by the 
government to the episcopacy. 

Likewise the canonical process in regard to candi- 
dates recommended for episcopal sees in the United 
States at one time or another passes through the 
legation. 

In the same way letters sent by the Holy See to 
the whole episcopate are forwarded to the apostolic 
delegate for execution. Petitions to the Holy See if 
forwarded through its legate and with his recom- 
mendation are generally granted. Further, accord- 
ing to a special brief of the Holy Father, the Peter's 
pence, collected in the various dioceses of the United 
States, is to be sent to the apostolic delegate that by 
him it may be forwarded to Rome. 

339. According to common law apostolic legates 
may validly assist at marriages even where the 
Council of Trent has been promulgated. The}' 
cannot, however, either approve confessors or confer 
orders unless at the request of bishops. 

Legates can enact for the entire province or- region 
over which they are placed, permanent statutes, i. e., 
such as will remain in force even after their legate- 



LEGATES A LATERE. 307 

ship has expired. They can, moreover, by virtue of 
their general commission and without any special 
authorization of the Pope, convene a provincial or 
even a plenary council; but the acts of the council 
must be sent to Rome for approval. They can also 
visit the churches and institutes of the country to 
which they are sent, in order to eradicate and destroy 
what is contrary to the laws of the Church. 

Finally the office of an apostolic leg-ate may be 
summed up by saying", it is his right and duty to 
exercise supreme inspection in ecclesiastical affairs, 
to procure the observance of the apostolic constitu- 
tions, to restrain abuses, to correct depraved morals 
and defects, to foster concord and fidelity to the 
Sovereign Pontiff and to report to the Holy See what 
he thinks will be conducive to the good of the Church. 

340. Cardinal legates a latere according to common 
law have certain rights and privileges greater than 
other legates. As soon as a cardinal legate a latere 
leaves Rome he can assume the insignia of his office 
and conduct himself as a legate even before he 
reaches the province to which he is sent. On his 
return he puts off his insignia only on entering Rome 
or the city where the papal Court resides. During 
all this time, even outside his province, he can 
absolve those excommunicated for laying violent 
hands on clerics. A legate can do this only within 
his province. Moreover while he is present in his 
province, all other legates cannot use the insignia of 
their office or exercise jurisdiction. The reason 
given is that a cardinal legate, being nearer to him, 
more nearly represents the Pontiff. 

Again legates a latere have jurisdiction over those 



308 THE ROMAN COURT. 

exempt from episcopal jurisdiction, except only in some 
matters specially reserved to the Pontiff. Hence 
they can hear and decide the controversies of exempt 
clerics, notwithstanding- their privilege of exemption. 
But other legates by virtue of their general commis- 
sion have no faculties over them who are exempt 
from episcopal jurisdiction. By special delegation 
apostolic legates may receive such faculties, and as 
a matter of fact, the American legation has exercised 
jurisdiction over those ordinarily exempt. 

341. Cardinal legates a latere concurrently with 
ordinaries may confer benefices. This rule, how- 
ever, has many restrictions, for the}^ cannot confer 
episcopal sees, whether elective or not. Neither can 
they confer regular or collegiate churches, nor the 
greater dignities of cathedrals if these are elective. 
Benefices which are in litigation or which are spec- 
ially reserved to the Sovereign Pontiff are also out- 
side their jurisdiction. 

When a cardinal asserts that he is sent as a legate 
a latere he is to be 'believed without being required 
to show his letters of appointment. In regard to 
his powers he is not obliged to show his delegation, 
except as to extraordinary faculties which he has 
received in addition to those conferred by law on 
cardinal legates. 

A nuncio or apostolic delegate, however, is obliged 
to make his faculties known, both in regard to those 
given him by common law and those specially con- 
ferred; otherwise he need not be acknowledged. 

342. As soon as a cardinal legate makes his ap- 
pointment known officially, he takes precedence, in 
his province, over all bishops, archbishops and pri- 



PRECEDENCE OE LEGATES. 300 

mates, so that he occupies a higher throne in the 
church, and exercises pontifical rights and gives the 
blessing even in the presence of the diocesan bishop. 
He has precedence also over all other cardinals, even 
if they are his seniors and of a higher order. Car- 
dinal legates, therefore, receive the highest honor, 
for the} 7 directly and immediately represent all the 
authority of the Apostolic See. Further, they can 
celebrate pontifically in the cathedral of an arch- 
bishop even without his permission. This a nuncio 
or apostolic legate cannot do, according to a decis- 
ion of the Sacred Congregation of Rites. 

When a legate is present in a city, its bishop can- 
not bless the people nor use the mozzetta or the 
rochet uncovered. Still he can do so in his cathe- 
dral if the legate is not present, or if he consents. 
S. Cong: Concilii, 2 Oct. 1601 . 

343. The power of an apostolic legate ceases with 
the completion of the work for which he was sent or 
with the expiration of the time for which he was 
appointed. His power also ceases when he leaves 
his province with the intention of not returning. 
But a legate to whom several countries are com- 
mitted may go from one to the other, all the while 
retaining complete jurisdiction over them all. In 
fact he may summon causes of one country to be 
heard by him in another within his jurisdiction. 
Also by death or recall all power of a legate ceases 
and all sub-delegations become void if the causes are 
not yet begun. Finally, whenacause or business mat- 
ter is brought before the Sovereign Pontiff himself 
every legate is prohibited from touching it further. 

344. All nuncios and apostolic delegates have ordi- 



310 THE ROMAN COURT. 

nary jurisdiction over the clergy and people of their 
entire province; but some have more jurisdiction, 
others less. Their faculties depend entirely on their 
brief of appointment and delegation. The practice 
of the Roman Court to-day, especially in regard to 
nuncios, is to specifically determine their faculties. 
Lequeux says: "The nuncio at Paris exercises noact 
of jurisdiction except when canonical information is 
to be sent to the Holy See regarding- the nominations 
made by the government to vacant bishoprics. His 
work is to manage the business of the Pontiff at the 
French court, to watch over the integrity of faith 
and the observance of the canons, and to inform the 
Sovereign Pontiff respecting all affairs of greater 
moment. 1 ' 

Nevertheless apostolic nuncios are not simply dip- 
lomatic envoys; they have also authority over the 
faithful of the kingdom to which they are sent. 
For this is specifically taught by Cardinal Jacobini 
writing as Secretary of State in the name of the Pon- 
tiff to Monsignor Rampolla, then nuncio at Madrid: 
"Nuncios have no other authority than that which 
is communicated to them; but their briefs of appoint- 
ment show that they have not merely a diplomatic 
mission, but an authoritative one over the faithful 
and over all religious matters." 

345. When legates are appointed with the facul- 
ties which pertain to them by law without any other 
enunciation or specification, then they have all the 
jurisdiction which has been mentioned in the pre- 
ceding numbers as the common law jurisdiction of 
nuncios and apostolic deleg-ates. By subsequent 
delegation they may receive other faculties, but 



AUTHORITY OF THE LEGATE. 311 

these do not limit but rather extend their jurisdiction. 

Thus the American legation has all the extraor- 
dinary faculties which the bishops of the country 
have received up to the present time, regarding- mat- 
rimonial dispensations and other matters contained 
in Form I, and Forms C, D and E, and the delegate 
can sub-delegate them throughout the countr}\ if 
prudence, charity or necessity requires such action. 

From this it is evident that the gracious jurisdic- 
tion of the apostolic delegate to the United States is 
very extensive, and when it is considered that during 
the first two years of its existence the legation 
treated over seven hundred and fifty contentious 
cases of various kinds, the position of the legate will 
be acknowledged not a sinecure. 

346. The apostolic delegate to the United States 
has the full and unlimited common law jurisdiction 
of apostolic legates. His brief of appointment gave 
him without limit, "all and singular the powers nec- 
essary and expedient for the carrying on of the apos- 
tolic legation." The brief by which Pope Leo XIII. 
appointed Monsignor Satolli apostolic delegate was 
dated January 24, 1893, and is the following : 

"Venerable Brother : Holding you in very special 
affection, We by our apostolic authority and by 
virtue of these present letters, do elect, make and 
declare you to be apostolic delegate in the United 
States of America, at the good pleasure of ourself 
and this Holy See. We grant you all and singular the 
powers necessary and expedient for the carrying on 
of such delegation. We command all whom it con- 
cerns to recognize in you as apostolic delegate the 
supreme power of the delegating Pontiff; We com- 



3i2 THE ROMAN COURT. 

niand that they give } 7 ou aid, concurrence and obe- 
dience in all things; that they receive with reverence 
your salutary admonitions and orders. Whatever 
sentence or penalty you shall declare or inflict 
against those who oppose } r our authority We will 
ratify, and with the authority given Us by the Lord 
will cause to be observed inviolably until condign 
satisfaction be made, notwithstanding constitutions 
and apostolic ordinances or any other thing to the 
contrary." 

These are great powers and the consummate wis- 
dom, prudence and skill with which they have been 
exercised b} T Monsignor Satolli more than justify the 
Pope's selection of the first American delegate 
apostolic. 

347. The American legation is ecclesiastical not 
diplomatic. The Holy Father commissioned his 
legate to the Catholic church in the United States, 
not to the United States government. In his 
encyclical of January 6, 1895, addressed to the 
archbishops and bishops of the United States of 
North America, Pope Leo XIII. himself gives the 
reasons why he established the legation. These are 
his ever-memorable words: 

"When the Council of Baltimore had concluded its 
labors, the dut} r still remained of putting, so to 
speak, a proper and becoming crown upon the work. 
This, We perceived, could scarcely be done in a more 
fitting manner than through the due establishment 
by the Apostolic See of an American legation. 
Accordingly, as you are well aware, We have done 
this. By this action, as We have elsewhere in- 
timated, We have wished, first of all, to certify that 



REASONS FOR THE LEGATION. 313 

in our judgment and affection America occupies the 
same place and rights as other states, be thej T ever 
so mighty aud imperial. 

"In addition to this We had in mind to draw more 
closely the bonds of duty and friendship which con- 
nect you and so many thousands of Catholics with 
the Apostolic See. In fact, the mass of the Catho- 
lics understand how salutary our action was destined 
to be. They saw, moreover, that it accorded with 
the usage and policy of the Apostolic See. For it 
has been from earliest aiitiquit} T , the custom of the 
Roman Pontiffs, in the exercise of the divinely be- 
stowed g-ift of the primacy in the administration of 
the Church of Christ, to send forth legates to Chris- 
tian nations and peoples. And they did this, not by 
an adventitious, but an inherent right. For, upon 
the 'Roman Pontiff Christ has conferred ordinary 
and immediate jurisdiction, as well over all and 
singular the churches, as over all and singular the 
pastors and faithful'. 

"Since he cannot personally visit the different 
regions and thus exercise the pastoral office over 
the flock intrusted to him, he finds it necessary from 
time to time, in the discharge of the ministry im- 
posed on him, to dispatch legates into the different 
parts of the world, according as the need arises, who, 
supplying his place, may correct errors, make the 
rough ways plain, and administer to the people con- 
fided to their care increased means of salvation. 

"But how unjust and baseless would be the sus- 
picion, should any exist, that the powers conferred 
on the legate are an obstacle to the authority of the 
bishops. Sacred to us more than to any other, are 



314 THE ROMAN COURT. 

the rights of those 'whom the Holy Ghost has placed 
as bishops to rule the Church of God.' That these 
rights should remain intact in every nation, in every 
part of the globe, We both desire and ought to de- 
sire, the more so since the dignity of the individual 
bishops is by nature so interwoven with the dignity 
of the Roman Pontiff that any measure which ben- 
efits the one necessarily protects the other. 'My 
honor is the honor of the universal Church. My 
honor is the unimpaired vigor of m}^ brethren. 
Then am I truly honored when to each one due honor 
is not denied.' 

"Therefore, since it is the office and function of an 
apostolic legate, with whatsoever powers he may be 
vested, to execute the mandates and interpret the 
will of the Pontiff who sends him, far from his being 
of any detriment to the ordinary power of the 
bishops, he will rather bring an accession of stability 
and strength. His authority will possess no slight 
weight for preserving in the multitude a submissive 
spirit; in the clergy, discipline and due reverence for 
the bishops; and in the bishops, mutual charity and 
an intimate unison of souls. 

"And since this unison, so salutary and desirable, 
consists mainly in harmony of thought and action, 
he will no doubt bring it to pass that each one of you 
shall persevere in the diligent administration of his 
diocesan affairs; that one shall not impede another 
in matters of government; that one shall not pry 
into the counsels and conduct of another; finally, 
that with disagreements eradicated and mutual 
esteem maintained, you may all work together, 
with combined energies, to promote the glory of 



REASONS FOR THE LEGATION. 315 

the American churches and the general welfare. 

"It is difficult to estimate the good results which 
will flow from this concord of the bishops. Our own 
people will receive edification; the force of example 
will have its effect on those without, who will be 
persuaded by this argument alone that the divine 
apostolate has descended, by inheritance, to the 
ranks of the Catholic episcopate. 

"Another consideration claims our earnest atten- 
tion. All intelligent men are agreed, and We our- 
selves have with pleasure intimated it above, that 
America seems destined for greater things. Now, 
it is our wish that the Catholic Church should not 
only share in, but help to bring about, this prospec- 
tive greatness. We deem it right and proper that 
she should, by availing herself of the opportunities 
daily presented to her, keep equal step with the 
Republic in the march of improvement, at the same 
time striving to the utmost, by her virtue and her 
institutions, to aid in the rapid growth of the states. 
Now, she will attain both these objects the more 
easily and abundant^ in proportion to the degree in 
which the future shall find her constitution perfected. 

"But what is the meaning of the legation of which 
we are speaking, or what is its ultimate aim, except 
to bring it about that the constitution of the Church 
shall be strengthened, her discipline better fortified? 
Wherefore, We ardently desire that this truth 
should sink, day by day, more deeply into the minds 
of Catholics — namely, that they can in no better way 
safeguard their individual interests and the common 
good than by yielding a hearty submission and obe- 
dience to the Church." 



CHAPTER IV. 



VICARS APOSTOLIC. 



348. Since the Sacred Congregations of Cardinals 
and legates of the Holy See take the place of the 
Roman Pontiff, in a certain sense they can be called, 
and sometimes are called, vicars apostolic. But this 
term is used in a stricter sense and to-day almost 
exclusively of another kind of ministers, whose help 
the Sovereign Pontiff uses to exercise his jurisdiction 
and fulfill his mission in various parts of the world. 

349. From remote antiquity the Apostolic See was 
accustomed to designate some bishop in each of the 
principal regions of the Catholic world, to take the 
place of the Roman Pontiff and to preside as vicar of 
the Apostolic See over the other bishops and metro- 
politans of that region. Ordinarily this duty was 
committed to one of the archbishops of the region, 
and in fact so regularly to the archbishop of a cer- 
tain see, that at his death the Sovereign Pontiff 
made his successor the apostolic vicar. Hence such 
vicars apostolic little differed from those who later 
were called legates-born. But to-day, when vicars 
apostolic are mentioned, very different persons from 
these are understood. Neither is the cardinal-vicar 
of Rome a vicar apostolic in the usual acceptation of 
the term, although he really takes the place of the 
Roman Pontiff in administering the diocese of Rome. 

316 



VICARS APOSTOLIC TO-DAY. 317 

350. A vicar apostolic, as the term is used to-day, 
is a cleric deputed by the Apostolic See to exercise 
pastoral authorit}' in a certain region, not in his own 
name, but in that of the Roman Pontiff. As to their 
power of ruling, vicars apostolic do not necessarily 
differ from ordinar}- bishops of places; for as a bishop 
in regard to his diocese is a true pastor with juris- 
diction in the internal and external forum, so is a 
vicar apostolic the same in the region committed to 
him. In fact the vicar receives not only the same, 
but even greater faculties than the bishop. The 
difference between them consists in this: the 
bishop rules his flock in his own name, and, though 
subject to pontifical authorit}^, nevertheless is not 
merely a vicar of the Pope. On the contrary a 
vicar apostolic administers his region not in his own 
name, but in that of the Sovereign Pontiff. 

351. Some vicars apostolic have not received epis- 
copal consecration, while others have received it and 
are titular bishops of non-residential sees. The 
episcopal character is not necessary that one may be 
a vicar apostolic, but it is conferred when thought 
useful for the better administration of the vicariate. 

There are two classes of vicars apostolic; those 
who are deputed for regions in which there are no 
canonically erected episcopal sees or dioceses, and 
no ordinaries who rule as regular pastors; and sec- 
ondly, those who are appointed to rule a diocese either 
during a vacancy, or when the see is not vacant, but 
the bishop for some cause is unable to administer it. 

352. The former class of vicars are nominated by 
the Sacred Congregation of the Propaganda and 
confirmed by the Roman Pontiff, through whom 



318 THE ROMAN COURT. 

the}' receive their faculties and commission. No 
informative process regarding - the state of the 
church or diocese is necessary, for the reason that 
no dioceses are canonically erected. 

If the person to be made vicar apostolic is present 
in Rome or in Italy, or if there are two men in Rome 
who can testify to his fitness, an informative process 
concerning- his qualities must be made before the 
auditor of the Apostolic Treasury. But if the candi- 
date is not in Italy and two witnesses cannot be 
found, it is sufficient that he be judged fit by the 
Propag-anda. This is the constitution Gravissimum, 
of Benedict XIV. dated January 18, 1757. When, 
therefore, an informative process regarding- the qual- 
ities of the candidate has been made and found satis- 
factory; or when on the recommendation of the Pro- 
paganda, the Pope has consented that he be ap- 
pointed vicar apostolic, letters of appointment 
conveying - jurisdiction are sent him, with instruc- 
tions regarding - his consecratiou as a titular bishop. 

353. Ordinarily in these letters the administration 
of a vicariate is conferred upon him with all faculties 
which are necessary or expedient. This general 
delegation gives him the same jurisdiction that a 
regularly appointed bishop has in his diocese. In 
addition, by other letters he usually receives more 
generous faculties. 

Although the Holy See does not consider that vicars 
apostolic are ordinaries, still because by delegated 
power they are truly pastors and superiors of the 
clergy and people committed to them, it follows that 
they have all the faculties which are necessarily 
connected with the rule and administration of a 



WORK OF VICARS APOSTOLIC. 319 

vicariate both in the internal and external forum. 
In other words they have legislative, judicial and 
coercive power over persons, and administrative 
power over the property of the vicariate, so that no 
bishop or other ordinar) T , even if he have metropoli- 
tan, primatial or other dignit\ T , can interfere in the 
regions committed to the care of vicars apostolic. 
On the other hand, neither may the vicar transgress 
the boundaries of his vicariate and exercise jurisdic- 
tion in any other country. 

354. From the fact that vicars apostolic are not 
diocesan bishops, it follows that they have no 
cathedral churches and therefore no competency in 
what pertains to cathedral chapters. Hence vicars 
apostolic cannot name honorary canons or confer the 
insignia of capitulars upon their missionaries. 
(S. Cong. Prop. Nov. 27, 1858.) From the same 
principle it follows that vicars apostolic cannot have 
vicars general, such as by a general commission can 
receive the faculties which the law assigns to this 
office. Still nothing prohibits them from selecting 
some competent person to assist them in administer- 
ing the vicariate, and from giving him special facul- 
ties even with the right of sub-delegating. 

355. The whole obligation of a vicar apostolic in 
the exercise of his office is contained in this : that 
he preserve the Catholic faith where it has taken 
root and have a care for the faithful whom he finds; 
and secondly, that he announce Christ to infidels and 
endeavor to bring heretics and schismatics back to 
the bosom of the Church. In order to perform these 
duties properly he is under the obligation of preach- 
ing, of residing in his vicariate and visiting it, and of 



320 THE ROMAN COURT. 

making- a visit ad limina or to the Holy See. It may 
be noted that a vicar apostolic, not having - an episco- 
pal see, may reside in any place in his vicariate; but 
he is obliged to remain within its limits and not to 
leave, even to g-o to Rome, without permission of the 
Sacred Congregation of the Propaganda. 

The visitation of the vicariate may be made 
throug-h other missionaries, and the visit ad limina 
may be made through a procurator sent for the 
special purpose or appointed in Rome. Moreover, 
the vicar is to appoint some one to take his place in 
case of death and delegate to him all the faculties he 
possesses. This delegate in case of the vicar's death 
will administer the vicariate as the deleg-ate of the 
Apostolic See until other provision is made. 

356. The episcopal digmity has many privileges. 
Some of these are common both to titular bishops 
and to those of residential sees; others are peculiar 
to the latter. A vicar apostolic, therefore, who is a 
titular bishop, has the privilege of a portable altar, 
of saying- Mass or having- it said in his private chapel 
one hour before sunrise and one hour after noon, of 
choosing- any approved priest for his confessor, and 
of being- subject immediately to the Holy See. But 
because he is not a diocesan bishop, in using - ponti- 
ficals he cannot act as a diocesan; that is, he cannot 
erect a throne in any church, or use a seventh candle 
on the altar; neither is his name to be mentioned in 
the canon of the Mass. 

357. Besides vicars there are also prefects apos- 
tolic in missionary countries. When the Holy See 
sends a band of missionaries to a certain regfion it 
usually appoints one of them superior over the others, 



PREFECTS APOSTOEIC. 321 

and gives him special faculties which he can use as 
the necessity or utility of the mission requires. This 
superior is called the prefect of the apostolic mission 
or the prefect apostolic. Generally he is not a 
bishop, but as a priest he has unusual jurisdiction, 
which sometimes includes the power of administer- 
ing the sacrament of confirmation. 

In conferring- these faculties and sending- forth 
these missionaries to preach, the Roman Pontiff 
exercises his primacy or supreme authority, and he 
does this independently of bishops. Moreover, pun- 
ishment is attached to any act which may impede the 
missionaries who go forth with such faculties; and 
if bishops without just cause endeavor to prevent the 
exercise of them, the missionaries may nevertheless 
persist, but should at once inform the Sacred Con- 
gregation of the misunderstanding-. 

358. From this case it will be noticed that there 
are two classes of prefects apostolic; those who are 
in charge of a territory over which no titular or 
other bishop has charge, and those who are sent into 
the territory which is under the jurisdiction of a 
vicar apostolic or bishop. In the latter case, prefects 
are obliged to show their letters patent and faculties 
to the bishop or his vicar as soon as they reach their 
destination, in order that there may be no question 
of their authority. The bishop's consent is necess- 
ary in order that they may use the faculty of saying 
Mass twice a day, and that they may administer 
parochial sacraments, such as matrimony and 
extreme unction. Their other faculties they may 
use without the bishop's consent, except that they 
cannot consecrate chalices or altar stones unless 



322 THE, ROMAN COURT. 

where there is no bishop, or he is distant over a two 
day's journey. However, if a grave and urgent 
cause makes such action necessary or advisable, the 
bishop may limit or even suspend the use of all these 
faculties. In such an event he must immediately 
inform the Sacred Congregation and state the rea- 
sons which governed his action. The apostolic pre- 
fects, not only in such a case, but also as a regular 
duty, are bound to report to the Propaganda the 
progress of their missions. 

359. The vicars apostolic mentioned above are 
they who are appointed in missionary countries; 
there are also others appointed to govern dioceses in 
the name of the Sovereign Pontiif where the hier- 
archy has been established canonically. These may 
be appointed to rule a diocese during a vacancy, or 
when the see is filled, but the bishop cannot exercise 
jurisdiction for one or another cause. 

During a vacancy the following reasons induce the 
appointment of a vicar apostolic to rule the diocese 
until the see is again filled: If the bishop died 
through violence, if the chapter does not agree in 
selecting a vicar capitular, if the one elected by the 
chapter is unlearned or otherwise unfit, if the vicar 
capitular is called to Rome, if the see has been 
vacant long or is likely to be so, or if any other grave 
reason suggests the appointment. 

360. The vicar apostolic is sent by the Sovereign 
Pontiif with a brief, or b} r the Sacred Congregation 
of Bishops and Regulars with letters signed by the 
Pontiif. Such a vicar apostolic can do all that a 
bishop can do, except to use pontificals, and he there- 
fore has all the jurisdiction of a bishop. In addition 



VICARS OE dioceses. 323 

to this ordinary power not unfrequently he receives 
other special faculties. 

Moreover, his jurisdiction does not lapse with the 
death of the Roman Pontiff who sends him; and 
further an appeal from his judgment is taken to the 
metropolitan, not to the Holy See, as would be nec- 
essary in case he were an apostolic delegate. 

A vicar apostolic appointed to rule and administer 
a diocese is usually not a bishop, but if appointed 
over a vicariate in missionary countries he generally 
is consecrated. The reason for the different policy 
is that the vicar appointed over a diocese will remain 
in charge but a short time, while an apostolic vicar 
in missionary countries receives a permanent 
appointment. 

361. Various causes render necessary the appoint- 
ment of a vicar apostolic over a diocese which has a 
bishop. Some are: If the bishop governs badly, if 
he is sordid, if he is old or suspended from his juris- 
diction, if he is to be tried or called to Rome, if he 
does not reside in his diocese, if the good of the 
church requires it, if the bishop is unfit or unable to 
rule and administer the diocese. The causes for 
which a vicar apostolic may be appointed can be 
reduced to this one; namely, when there is a grave 
reason, either with or without the fault of the 
bishop, that he should be removed from the adminis- 
tration of the diocese, and if at the same time the 
cause is not such as to entail deposition and again 
for other reasons it is not expedient to appoint a 
coadjutor bishop. 

3(>2. When in such a case a vicar apostolic is 
appointed, the exercise of all jurisdiction belongs to 



324 THE ROMAN COURT. 

him and the bishop may not interfere in any way. 
Hence it belongs to the vicar to hold a concursus 
and designate the more worthy candidate for a 
parish; it belongs to him also to admit candidates to 
orders. 

When a vicar apostolic is in charge, the bishop can 
have no vicar general; but the vicar apostolic cannot 
proceed against the one who was vicar general for 
any acts performed when he was in office. Neither 
can he interfere in any civil or criminal or mixed 
causes which concern the bishop, unless under spe- 
cial direction from the Holy See. 

The vicar apostolic uses his own seal, but he is 
allowed only the honor bestowed on the vicar gen- 
eral of a bishop. 

363. When a bishop, for the causes mentioned 
above, is to be suspended or removed from office, an 
apostolic administrator is sometimes appointed 
instead of a vicar. Such an administrator is a titu- 
lar bishop, and has the privileges of his episcopal 
office as well as delegated jurisdiction to rule and 
administer the diocese in the name of the Sovereign 
Pontiff. Thus when Napoleon Bonaparte was exiled 
from France, his uncle, Cardinal Fesch, was re- 
moved from the metropolitan see of Lyons by the 
Pope, and a titular bishop was sent to rule it as an 
apostolic administrator. 



CHAPTER V. 

PROTONOTARIES APOSTOLIC. 

364. During- the first centuries of the Christian 
era when persecution raged most furiously against 
the Church of God, the glorious acts of confessors 
of the faith and the heroic suffering's of Christian 
martyrs were not allowed to go unrecorded. Popes 
Clement I. and Antherus I. chose certain men, noted 
for their piety, prudence and zeal for religion, and 
deputed them to act as notaries in the city of Rome 
and wherever the cross of Christ was acknowledged. 
Their work was to put in writing and preserve the 
names of those who suffered martyrdom, and the 
circumstances in which it occurred, as well as to 
bear witness to the courageous words of the perse- 
cuted Christians and the blindness and hardness of 
heart of pagan tyrants. 

Seven of these notaries were appointed for the 
city of Rome, one for each region or district; and 
because of their dignity and the honor in which they 
were held, and also to distinguish them from other 
notaries, they were called proto or first notaries. 

365. When the persecutions ceased the office of 
protonotary did not cease; its work onl}- was 
changed. For Pope Julius I. assigned to these men 
the duty of carefully recording all decrees and en- 
actments concerning faith and discipline, and all 



326 THE ROMAN COURT. 

matters which were deemed worthy of being- handed 
down to posterity. In this way it happened that 
the office of protonotary became most illustrious, and 
in the course of time was enriched by numerous priv- 
ileges. Pope Sixtus V. increased the number of 
protonotaries in the city from seven to twelve, and 
at the same time enlarged and confirmed their privi- 
leges and assigned them large revenues wherewith 
to keep up the dignity of their illustrious position. 

366. To these notaries who were called participat- 
ing, others were added in different regions of the 
Christian world whose work in their regions was 
similar to that of the protonotaries in Rome. The 
participating protonotaries formerly were allowed 
to sell their office so that the buyer succeeded the 
seller in the College of Protonotaries. But this 
venalit}^ was abolished about the year 1793, and in 
place of the revenues which had been assigned to the 
college, an annual pension was paid to each member. 

In the pontificate of Gregory XVI. there were 
only two protonotaries, and with their death the col- 
lege of participating protonotaries would have be- 
come extinct, had not this Pontiff restored it. This 
he did in his constitution of February 7, 1838, by 
which he decreed that the number of participating 
protonotaries should again be seven and that their 
ancient privileges and splendor should be restored. 

367. Many authors distinguish only two kinds of 
protonotaries, those of the number participating and 
those ad instar or supernumerary. Bouix, however, 
and others contend that supernumerary protonotaries 
should be divided into those ad instar and those 
merely titular or honorary. He quotes the consti- 



PRIVILEGES OF PROTONOTARIES. 327 

tution, Cum immmeri, of Pius VII. in support of his 
second division and mentions the restricted privileges 
of titular protonotaries. The Gerarchia Cattolica, 
however, gives only two classes, protonotaries de 
numero, or those participating-, and protonotaries 
supernumerar} T , like to those participating*. Titular 
protonotaries may have been omitted by the compiler, 
because they do not belong- to the pontifical family. 

Protonotaries, no matter what their class, should 
be secular clerics, at least twenty-five years of ag-e 
and doctors in theology and in both canon and civil 
law. They have authority to draw up and leg-alize 
every kind of writing-, both public and private, and 
to certify to any and all documents so as to make 
them leg-al testimony both in and out of court. 

One participating- protonotary always belong-s to 
the Congregations of the Propaganda and of Rites, 
in which latter Congregation the protonotary fre- 
quently takes the place of the secretary in drawing 
up the process of canonization or beatification. 
Again they act as referees in the Signature of Jus- 
tice and the Signature of Favor, and prepare a report 
on the matters submitted to them, giving the facts 
in the case, the petition of the orator and the objec- 
tions of those opposing the petition. 

368. Pope Sixtus V. enumerated and confirmed 
the privileges of the college of participating proto- 
notaries. Among these privileges he gave them the 
right to confer the doctorate. Pius IX., however, 
on February 9, 1853, restricted this general faculty 
so that they can confer degrees only in theology and 
law, not in philosophy and the other sciences. At 
present, therefore, they can confer the doctorate in 



328 THE ROMAN COURT. 

theology on four persons each year and the doctorate 
in law also on four persons each year, but only on 
the following- conditions: They can confer the doc- 
torate only on persons present in Rome; a report 
must previously be made to the Sovereign Pontiff on 
each candidate for degrees; an examination of the 
candidates must be held by at least five protonotaries, 
and if so many cannot assist, then professors of the 
Roman archigynasium are to be called in to supply 
the requisite number; the examination is to be con- 
ducted according- to the constitution of Pope Leo 
XII. ; each year a report regarding the degrees con- 
ferred is to be made by the aforementioned protono- 
taries to the Sacred Congregation on Studies; and 
another report containing- the names of those receiv- 
ing- degrees is to be placed in the archives of the 
Roman College. 

369. Sixtus V. g-ave the college of protonotaries 
the privileg-e of creating notaries, and of legitimizing 
illegitimate children so that they could inherit prop- 
erty. But Pius IX. took away both these faculties, 
and allowed them to create only one honorary proto- 
notary each year, and even this faculty was not to be 
exercised until after the special consent of the Sov- 
ereign Pontiff had been obtained for each case. 

Further, Sixtus V. made participating protono- 
taries the familiars of the Pope and domestic pre- 
lates; and as such they have a rig-ht to the revenues 
of their prebends even though absent. He exempted 
them from the jurisdiction of ordinaries and made 
them subject immediately to the Holy See, so that 
no bishop can pass or execute sentence upon them. 
This privileg-e was confirmed by Pope Pius IX. 



PROTONOT ARIES AD INSTAR. 329 

Moreover participating- protonotaries can use pon- 
tificals, outside of Rome, even in cathedral churches 
with the consent of the bishop if he is present. 
The}^ also may wear a violet cassock and mantelletta, 
and the rochet in public functions, and use a black 
hat bound with violet and decorated with rose-col- 
ored tassels. To these privileges may be added that 
of a portable altar and a private orator}^. Formerly 
these protonotaries had precedence over bishops, and 
consequently over all prelates, as Cardinal Petra 
shows; but Pope Pius II. about the year 1460 
ordained that precedence both in Court and out of it 
thereafter should be given to bishops, even those not 
yet consecrated, over the notaries of the Pope, com- 
monly called protonotaries. At present they precede 
all other prelates, except only bishops. 

370. Protonotaries ad inslar or supernumerary are 
in a lower grade; but they have many privileges, a 
copy of which is always sent by the secretary of the 
college to a newly-appointed protonotary. These 
privileges are : 1°. Protonotaries ad instar are 
familiars of the Sovereign Pontiff and domestic pre- 
lates, but they are subject to the jurisdiction of their 
ordinary. 2°. They use the rochet, cappa, mantell- 
etta and mantelone in pontifical processions. 3°. 
They wear mourning at the death of the Pon- 
tiff and put on violet at the announcement of his suc- 
cessor. 4°. In pontifical processions they immedi- 
ately follow the bishops who are assistants at the 
throne, but they precede bishops who are not assist- 
ants, because these wear only the mantelletta. 
5°. In the papal chapel they have their place just 
back of the Most Imminent cirdinal-deacons, in the 



330 THE ROMAN COURT. 

rear. 6°. If participating- protonotaries are want- 
ing-, they assume their place and duties, so that 
they also enjoy the privilege of sitting- on the bench 
of the bishops after the last, if there is only one 
protonotary. 7°. Outside of Rome on solemn feasts 
they can wear all pontificals, having- obtained the 
consent of the ordinary. But in celebrating- they 
must recog-nize certain restrictions. 8°. In Rome 
and out of it, formerly they preceded all canons and 
dignitaries, except bishops, both in colleg-iate and 
in cathedral and patriarchal churches. But now 
outside of Rome, in church and in processions they 
yield precedence to vicars g-eneral, to canons of the 
cathedral assisting as a chapter, and to abbots. 
9°. In as much as they are protonotaries they are 
also referees of both Signatures, that of Justice and 
that of Favor. 10°. They have the right to use the 
pontifical and semi-pontifical hat, ornamented with 
silk rose-colored cords and tassels; and they wear 
these cords also on their every-day hat. 11°. 
They have the indult of a private oratory, to 
be visited and approved by the ordinary, in which 
even on more solemn feasts, in the presence of their 
relatives living with them and their servants, they 
can celebrate Mass themselves or have it celebrated 
by any approved priest, either a secular or a mem- 
ber of a relig-ious order. 12°. In the same oratory 
they may have the stations of the cross and g-ain 
all indulgences attached to them. 13°. In the 
absence of the protonotary, Mass can be said in the 
oratory provided some one of those mentioned in 
number 11° is present, and provided the protonotary 
has not changed his domicile or wishes to use 



TITULAR PROTONOTARIES. 331 

the privilege of this oratory in some other place. 
In saying- Mass privately protonotaries ad instar 
are not allowed any marks of distinction over simple 
priests. 

371. Protonotaries ad instar began to be appointed 
only a short time before the pontificate of Sixtus V. 
At first they were few, but now the number of 
supernumerary protonotaries ad instar is two hun- 
dred and seven, many of whom live outside of Rome. 
They are created only by the Sovereign Pontiff. 
The canons of the three great Roman basilicas, those 
of St. John Lateran, of St. Peter, and of St. Mary 
Major are all protonotaries of this class. 

When a supernumerary protonotary is to be cre- 
ated outside of Rome, the execution of the apostolic 
letters of appointment usually is committed to his 
bishop, and at the same time a folio is sent giving 
instructions and the form necessary for conferring 
the insignia. The ceremony generally takes place 
after high Mass. As part of the ceremony, just 
previous to the conferring of the insignia, the candi- 
date takes an oath to fulfil the duties of his office 
and makes a profession of faith. The ceremony is 
then closed with the singing of the 7!? Deum. 

372. Although merely titular or honorary protono- 
taries are of earlier origin than protonotaries ad 
instar, still they have not as many privileges, par- 
ticularly since Pius VII. in the year 1818 restricted 
them considerably. Honorary protonotaries are 
allowed to wear a prelatic habit outside of Rome, 
consisting of a cassock without a train and of a small 
cape, called mantelletta, both of which must be black. 
They may use a rochet under the cape in public 



332 THE ROMAN COURT. 

prayers and other church services. The use of 
purple stocking's and rabbi is prohibited them; these 
as well as the band of their hats must be black. 

Further they are not allowed to celebrate ponti- 
fically or in any way different from other priests; 
hence they should vest in the sacristy, not wear a 
ring-, not use more than two candles, not have more 
than one server. 

373. Honorary or titular protonotaries take pre- 
cedence, if in prelatic habit, over all clerics, priests, 
and even canons taken singly, but not as a colleg-e; 
they do not, however, precede prelates of the Roman 
Court, vicars general, vicars capitular and abbots. 

They can draw up acts for the canonization or 
beatification of saints, unless there is in the same 
place a participating- protonotary. They can also 
be chosen conservators for religious orders, synodal 
judg-es, apostolic commissaries, and are fit to be 
selected by the Sovereign Pontiff judg-es for ecclesi- 
astical and beneficial causes. A profession of faith 
may be made before them by those bound to it, and 
pensions can be transferred leg-ally in their presence. 
Moreover by common law the benefices they hold, 
when vacant, can be conferred only by the Apostolic 
See. 

The chief points of difference between protono- 
taries ad instar and honorary protonotaries are, that 
the former are familiars of the Pope and have rank 
in the Roman Court, the latter are not members of 
the pontifical family; the former have a rig-ht to a 
private oratory, the latter have not. Ag-ain proto- 
notaries ad instar, with the consent of the ordinary, 
on solemn feasts can wear pontificals, such as the 



THE ROMAN COURT. 333 

mitre; but titular protonotaries have no such privi- 
lege. Both these classes, however, are under the 
jurisdiction of the diocesan ordinary like other clerics. 



374. The Roman Court is the most ancient in the 
world; for it had gathered the experience of several 
centuries before an3^ of the secular courts known 
to-day had begun to exist. It is the most splendid, 
and still the most democratic; for the son of a peas- 
ant may reach the pontifical throne as well as a 
prince who has the prestige of wealth and noble 
blood. The members of this Court are bound 
together, not by family ties, but by those of religion. 

The head of the Church, in his lonely, abstemious 
life, is an exemplar for all who are honored with 
membership in the Roman Court. Religion, it is 
true, has a human side as well as one which is divine. 
It is neither truthful nor wise to claim absolute per- 
fection in anything that depends even partially on 
human nature. Hence no one claims immunity from 
imperfections for the entire Roman Court. But 
what is evident, is that these imperfections, originat- 
ing in human weakness, have not acted upon it as 
upon other courts. Other courts have been de- 
stroyed thereby; the Roman Court still remains, and 
to-day is brighter and stronger than in the centuries 
of the past. Humanity and diplomacy have not done 
this. The vivifying, ever-present assistance of 
Divinity is the only possible explanation of the long- 
continued existence of the papacy and the Roman 
Court. 




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